| Citation(s) |
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| 2023 SLG 2025 2023 SLD 2025 = 2023 PLD 124 |
Write Petition No. 1406 of 2022, decided on 11th October, 2022.
Before Mian Arif Hussain and Syed Shahid Bahar, JJ
Ch. Shoukat Aziz for Petitioners. Mohammad Asad Khan, Legal Advisor for
Respondents Nos. 1 to 8. Ch. Mohammad Aslam Raza for the Intervener.
SERAAJ DIN and 5 others---Petitioners
VERSUS
AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Secretary Works and Communication, Muzaffarabd and 11 others--Respondents
Law: General Clauses Act, 1897
Section: 21
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section:
(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---
----Art. 44---Writ petition--- Extraordinary jurisdiction--- Factual controversy--Scope---High Court in its extraordinary jurisdiction cannot sit over and step in the policy/administrative decisions of the government functionaries qua the welfare projects particularly when the stance of the petitioner is objected by the other side on factual grounds---Proper recourse in this regard is to file the civil suit in order to establish a specific fact by providing oral as well as documentary evidence--Extraordinary relief is justified only in extraordinary circumstances in favour of an aggrieved person, if any infringement of law or for that matter violation of constitutionally guaranteed fundamental rights is involved.
(b) Public functionaries---