Law: Azad Jammu and Kashmir Council Electronic Media Regulatory Authority (Adaptation and Extension of Functions to Azad Kashmir) Act, 2005

Section: 19,30A

Law: Azad Jammu and Kashmir Council Electronic Media Regulatory Authority (Adaptation and Extension of Functions to Azad K

Section: 19,30A

(a) Azad Jammu and Kashmir Council Electronic Media Regulatory Authority (Adaptation and Extension of Functions to Azad Kashmir) Act (VII of 2005)-------Ss. 19 & 30-A---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44(2)---Writ petition---Refusal of authority to issue licence to petitioner to establish and operate FM-107 Radio Channel at Mirpur---Validity---Existence of alternate adequate remedy of appeal would oust jurisdiction of High Court---Petitioner against impugned order could avail remedy of appeal, thus, writ petition was hit by S.44(2) of Azad Jammu and Kashmir Interim Constitution Act, 1974. Faqir Muhammad and others v. Custodian Evacuee Property and others 1996 SCR 349; Muzaffar Hussain v. AJK University and 4 others 1999 PLC (C.S.) 939; Abdul Rehman Mayat and another v. Wealth Tax Officer and others 1988 SCMR 1722; Hari Kishan Dass v. Chairman, WAPDA PLD 1983 Quetta 61 and Muhammad Farooq Textile Mills Ltd. v. Special Court (Banking) of Sindh and 2 others PLD 1985 Kar. 1 rel. (b) Azad Jammu Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44(2)---Writ petition---Alternate remedy of appeal against impugned order, availability of---Effect---Constitutional jurisdiction in presence of such remedy could not be invoked---Principles. The existence of another adequate remedy is a rule of law, which ousts the jurisdiction of High Court, and no exception can be taken to the view that in presence of alternate remedy of appeal, the writ jurisdiction cannot be invoked. Faqir Muhammad and others v. Custodian Evacuee Property and others 1996 SCR 349; Muzaffar Hussain v. AJK University and 4 others 1999 PLC (C,S,) 239; Abdul Rehman Mayat and another v. Wealth Tax Officer and others 1988 SCMR 1722; Hari Kishan Dass v. Chairman, WAPDA PLD 1983 Quetta 61 and Muhammad Farooq Textile Mills Ltd. v. Special Court (Banking) of Sind and 2 others PLD 1985 Kar. 1 rel. Mir Abdul Latif for Petitioner. Sardar M.R. Khan, Addl. A.-G. and Khursheed Anwar Mughal for Respondents. ORDER M. TABASSUM AFTAB ALVI, J.--- The supra titled writ petition has been addressed under section 44 of the Azad Jammu & Kashmir Interim Constitution Act, 1974,…

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