Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(11),44

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----S. 42(11)--Allotment of land being a refugee--Issuance of ration Card--Illegally acceptation--Application for possession before ARC--Dismissed--Appeal--Accepted--Case was remanded--Appeal--Rejected--Revision petition--Accepted--Case was remanded--Revision petition before custodian of Evacuee Property-- Rejected--Writ Petition--Allowed--Matter was remanded to commissioner--Maintaining of order of dispossession--Revision petition--Dismissed--Writ Petition--Dismissed--Appeal allowed--Case was remanded--Civil revision was accepted--Writ petition--Dismissed--Challenge to--Custodian of Evacuee Property is a special tribunal of exclusive jurisdiction and its findings of facts cannot be interfered with in writ jurisdiction--Findings of facts recorded by tribunal of exclusive jurisdiction can only be interfered with, if same are against record or suffering lack of jurisdiction, misreading or non-reading of evidence or based on no-evidence, but no such eventuality is available in case in hand--Findings of High Court are in accordance with pronouncements of this Court, which do not need interference--We have failed to find any illegality in of Custodian of Evacuee Property, which is passed after proper appreciation of material and same have been concurred with by High Court in exercise of writ jurisdiction--Appeal was dismissed. 2001 SCR 344, ref. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.- The titled appeal, by leave of the Court, has been preferred against the judgment of the High Court dated 6.10,2017, through which the writ petition filed by the appellant, herein, was dismissed. 2. The facts of the case, as narrated, are that the father of the appellant migrated from Indian occupied Kashmir during the liberation war in the year 1947 and got settled in Sersala, Tehsil Samahni, District Bhimber. Being a refugee, the father of the appellant was issued ration-card and was also allotted a piece of land, measuring 10 kanal comprising Survey Nos.893/476 and 893/536-min, in village Sersala, Bhimber. The appellant approached the ARC (possession) Bhimber for possession of 5 kanal land and took the…

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