Law: Civil Procedure Code (V of 1908)

Section: 11

Artisan Workshop Rules, 1980--- ----R.33---Civil Procedure Code (V of 1908), S.11---Appeal---Res judicata, principle of---Scope---Appellant applied for allotment of the industrial land---Matter was placed before the Allotment Committee, however, the Committee refused to make the allotment on the ground that the Committee had no power to allot the land in question---Appellant approached the High Court by filing a writ petition which was dismissed being hit by principle of res judicata---Validity---Appellant in earlier writ petition had sought allotment on the basis of ownership whereas in the present case appellant was seeking allotment on lease without auction---When the subject matter and the parties were same, mere change in the prayed relief did not prevent the attraction of res judicata---Even otherwise, R. 33 of the Azad Jammu and Kashmir Industrial Control and Establishments of Industrial Estates and Artisan Workshop Rules, 1980, did not provide for allotment on lease without auction---Same matter was involved in the previous round of litigation, therefore, the principle of res judicata was fully applicable---Appeal was dismissed. Sakhi Muhammad and others v. Mst. Safeeda Begum and others 2018 SCR 522 ref. Sardar Muhammad Khurshid Khan, Advocate for Appellant. Raja Saadat Ali Kiani, Additional Advocate-General for Respondents. Date of hearing: 21st October, 2021. JUDGMENT KH. MUHAMMAD NASIM, J.----The titled appeal by leave of the Court, has been directed against the judgment of the High Court dated 13.09.2018, whereby the writ petition filed by the appellant, herein, has been dismissed. 2. The facts of the case briefly stated are that the appellant, herein, filed a writ petition before the High Court by alleging therein that he submitted an application to the Minister Industries for allotment of industrial land measuring 8 kanal, situated in Small Industries Estate, Mirpur, which was referred to the Director Industries, respondents No.3, herein. It was alleged that the appellant was asked to appear before the allotment committee on 15.01.2018 and was told that the matter cannot be resolved by the Committee because the land in question is a commercial…

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