Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ petition---Competence---Alternate remedy---Principle---Scope---Writ petition was competent where no alternate remedy was provided by law---Where statutory forum was created by law for redressal of grievance, writ petition was not to be entertained---Non-entertainment of petition under the writ jurisdiction where efficacious or alternate remedy was available was not an absolute law but rule of policy---High Court had discretion to grant relief under Art. 44 of Azad Jammu and Kashmir Interim Constitution Act, 1974 despite existence of an alternate remedy---High Court declined interference where an adequate, efficacious or alternate remedy was available to a party and he had approached the High Court by invoking writ jurisdiction without availing the same High Court, however, could interfere where petitioner had made out an exceptional case warranting such interference or there were sufficient grounds available to invoke constitutional jurisdiction---High Court could exercise the writ jurisdiction in presence of alternate remedy in eventualities: firstly, enforcement of Fundamental Rights; secondly, where an order is necessary for natural justice; thirdly, where proceedings/orders challenged through writ petition were wholly without jurisdiction and lastly, where an Act or its provisions were challenged. THIS ORDER PASSED BY: RAZA ALI KHAN, J.--- Through this petition filed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, order dated 18.04.2018 passed by learned Civil Judge Sharda, whereby application for vacation of ex parte proceedings has been accepted, has been challenged for having been passed without lawful authority. Precise facts of the case are that petitioners, herein, filed a suit for possession, permanent injunction and correction in the revenue record. The respondents were proceeded ex parte on 27.10.2016. On 27.10.2016 respondents filed an application for vacation of ex-parte proceedings. The petitioners, herein, filed objections on the application. After hearing the learned counsel for the parties the learned Civil Judge Sharda through the…

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