Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Art. 44--Constitutional petition--Issuance of work orders for improvement of metalling and black topping of roads--Execution of work--Allotment of work--Issuance of orders regarding change of scheme--Fundamental rights--Cancellation of work orders--Constitutional Jurisdiction--Challenge to--Reproduced letters make it clear that works were allotted in accordance with law and Contractors after issuance of work order have started execution and they have also been paid work done and allotted schemes are imperative for public at large--In case in hand neither exceptional circumstances have been shown nor Planning and Development Division recommended it, hence, impugned action of respondents is against procedure adopted in Azad Jammu and Kashmir--Verbal order in official function has no worth unless same is submitted in black and white for approval of competent authority on sound reasons--Bureaucracy is duty bound to follow lawful orders of MLA and Ministers and an order which is not backed by law cannot be followed--Neither officers of PWD nor MLA has authority to stop construction work of approved development schemes allotted in accordance with law for best interest of public at large--Petition was accepted. Duty of Public Functionaries-- -----Good governance--Discretionary powers--It is duty of public functionaries/Govt. to function in good faith--All State Subject should be treated equivalent and any mala fide action or colorable one could not be regarded as action in accordance with law--No nation can dream of development without good governance--Good governance cannot be achieved by exercising discretionary power unreasonably or arbitrarily and without application of mind. THIS ORDER PASSED BY: RAZA ALI KHAN, JUSTICE---.--- Through this petition filed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, following relief is prayed for: "It is therefore, most respectfully prayed that this writ petition may kindly be accepted and the impugned order dated 18.09.2017 passed by the respondents may kindly be set aside with the direction to the respondents to allow the proforma…

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