Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: VII,19,44

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------Arts. 19 & 44---Audi alteram partem, doctrine of---Right to fair trial---In pursuance of the ex-parte order passed in the year 2013 by the Custodian Evacuee Property, the modification was madein relevant Proprietary Rights Transfer Order (PRTO) qua land having been allotted to late father of the petitioner in the year 1979---Petitioner filed constitutional petition challenging dismissal of his review petition filed in the year 2015 against the said ex-parte/ modification order(s)---Assertion of the petitioner was that he, and the other legal heirs, had no knowledge of the impugned orders as they were residing abroad, thus, a review petition was filed before the respondent (Custodian of Evacuee Property) after getting knowledge of the impugned orders---Validity--Record revealed that land measuring 5 kanal 9 marlas out of survey No.163 was allotted in the name of father of petitioner through allotment chit dated 22.12.1979 and subsequently PRTO dated 07.09.1989 was also issued--- It was an admitted fact reflecting from the (words/contents of) impugned decision that order qua modification was given on back of the petitioner and proforma nonpetitioners, although by the same (words/contents) the Custodian also emphasized that the decision was being passed on merit without giving any benefit to the respondents for being ex-parte proceedings in absence of petitioner and others---On the other hand, the petitioner had taken a specific stance before the Custodian regarding inability not to defend their allotment, as to how the process of summoning of the petitioner itself was defective elaborating that the ex-parte proceedings were conducted after proclamation in the local newspaper whereas the petitioner and other stake-holders were living abroad at relevant time---Record also revealed another important fact that the Custodian, during the proceedings, sought inquiry/ report from the Commissioner (Rehabilitation) pertaining to status of property, which inquiry/report was pending adjudication--Impugned decision was not sustainable as the modification took place in the allotment at the back of the…