Law: Administration of Evacuee Property Act, 1957

Section: 23

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Administration of Evacuee Property Act, 1957-- ----S. 23-- Azad Jammu and Kashmir Interim Constitution, 1974, Art. 44--Application for issuance of allotment certificate and for correction of revenue record--Allowed--Issuance of notification--No opportunity of hearing was provided--Right of fair trial--Violation of fundamental right--Challenge to--Allotment in favour of petitioners is oozing from record, impugned decision and certificate are bad in law to extent of claim of petitioner(s)--A driblet of an illegality is suffice to pollute ocean of justice, law has drawn borderline, there is no grey area, neither illegality can overlap and step in other side nor it can take colour of legality by any way--“Misle-Haqiyat” attached with petition shows that claiming piece of land is under possession and ownership of petitioners--Application entertained by Deputy Commissioner Rehabilitation was beyond period of limitation as same was filed after almost passing 67/68 years--Petition accepted.                                                                     [Pp. 86 87] C, D E General Clauses Act, 1897 (X of 1897)-- ----S. 24--Right to fair trial--Every decision must be exposed in full attire of reasoning and rational.     [P. 86] B Audi Alteram Partem-- ----Audi alteram partem--Audi Alter am partem is a golden universal principle of natural justice which postulates that no one can be punished or for that matter no adverse order can be passed at back of a person.           [P. 86] A JUDGMENT Through the titled writ petition filed under Article 44 of the Azad Jammu and Kashmir Interim Constitution, 1974, infra relief has been solicited by the petitioners: “It is, therefore, very humbly prayed on behalf of petitioners that this Hon’ble Court may very graciously be pleased to:- i) declare that impugned Certificate Bearing No. 1045/2017, dated 14.04.2017, under Section 23 of the Administration of Evacuee Property Act, 1957, alongwith the impugned judgment dated 03.04.2017,…

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