Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

Law: Azad Jammu and Kashmir Board of Revenue Act, 1993

Section: 6(3)

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Azad Jammu and Kashmir Board of Revenue Act, 1993, S.6(3)---Writ petition---Maintainability---Allotment of Shamilat Deh land---Necessary party---Board of Revenue having not been impleaded in the writ petition---Effect---High Court dismissed writ petition due to non-joinder of necessary party---Validity---Member, Board of Revenue had been impleaded in the writ petition who had passed the impugned order---Any order made or a decree passed by the Member, Board of Revenue would be deemed to be an order or decree of the Board of Revenue---Petitioners were supposed to have impleaded Board of Revenue as a party in the writ petition instead of Member, Board of Revenue alone---Court while exercising writ jurisdiction or even in an appeal had powers to implead the necessary party for doing complete justice but petitioners were negligent in prosecuting their case and they were not entitled to discretionary relief after a period of four years---Impugned passed by the High Court did not suffer from any legal infirmity---No legal question of law of public importance was involved in the petition ---Petition for leave to appeal was dismissed, in circumstances. Zahid Mehmood Shah and 24 others v. Azad Government and 14 others 2011 SCR 159 and Khaliq Nawaz and 3 others v. Azad Jammu and Kashmir Government and 2 others 2017 SCR 1504 distinguished. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MUGHAL, J.---- The captioned petition for leave to appeal arises out of the judgment, dated 26-3-2019 passed by the Azad Jammu and Kashmir in Writ Petition No.2334 of 2015. 2. The precise facts forming the background of the captioned petition for leave to appeal are that respondents Nos. 4 to 11, herein, filed an application before the Deputy Commissioner District Bagh for allotment of Shamilat-Deh land situated in village Dhair-Sikandrabad Tehsil and District Bagh. It was stated that respondent No.3 on the said application contrary to the rules allotted 3 kanal land from survey No.4/2 in favour of respondents vide order dated 12.8.2013, against which the petitioners, herein, filed an appeal before Commissioner Poonch…

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