Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution (VIII of 1974)--- ----Arts. 44, 4(4)(1), 4(4)(14) & 4(4)(19)---Writ petition---Security of person-- Protection of property---Right to fair trial---Audi alteram partem---Scope---Where allotment in favour of the petitioners' predecessor was cancelled without any notice, High Court observed that due process of law had not been adopted which was a gross violation of the constitutionally guaranteed Fundamental Right No. 19 i.e. Right to fair trial, Right No. 14 protection of property and Right No. 1 security of person-- Impugned order was set aside and the writ petitions were accepted. (b) Administration of justice-- ----Act which is required to be performed in a particular manner can only be performed in the same manner otherwise performance of such like act bears no legal consequences. (c) Azad Jammu and Kashmir Interim Constitution (VIII of 1974)--- ---Art. 44---Writ petition---Factual controversy---Scope---High Court is not to embark upon disputed question of facts. JUDGMENT SYED SHAHID BAHAR, J.----Through the captioned writ petitions filed under Article 44 of Azad Jammu and Kashmir Interim Constitution 1974, the petitioners have challenged the legality and validity of the order dated 29.04.1989 and prayed for setting aside the same. 2. Shortly stated facts of the captionesely Abdul Rahim and Mohammad Sharif being refugees of 1965 were allotted land in Jhang under Item 5 of the Memorandum of Government of Punjab dated 13.02.1972 and the Deputy Commissioner/Collector District Jhang after due process of law allotted the land measuring 115 kanal 14 marlas and 106 kanal 16 marlas situated in Chak No.477/JB Tehsil Shore Kot District Jhang vide orders dated 26.06.1989 and 05.08.1989 and the said allotment was registered before the Sub Registrar Toba Tak Sing and the predecessor-in-interest of petitioners obtained proprietary rights of 100 kanal lands and the mutations Nos.363 and 364 were also attested. It has been stated that when the petitioners started process to obtain the proprietary rights of remaining land they were told that their allotments have been cancelled through letter dated 29.04.1989,…