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| 2026 SLG 1502 2026 SLD 1502 = 2026 PLJ 27 |
High Court (AJ&K)
W.P. No. 151 of 2024, decided on 7.3.2025.
Presented By: Sardar Muhammad Ejaz Khan, J.
Sardar Saeed Ahmed, Advocate for Petitioner. Date of hearing: 7.3.2025.
W.P. No. 151 of 2024, decided on 7.3.2025.
Presented By: Sardar Muhammad Ejaz Khan, J.
Sardar Saeed Ahmed, Advocate for Petitioner. Date of hearing: 7.3.2025.
MUHAMMAD YOUSAF--Petitioner
VERSUS
BOARD OF REVENUE through Registrar Muzaffarabad and others--Respondents
Law: Azad Jammu and Kashmir Board of Revenue Act, 1993
Section: 7(2)
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 44
PLJ 2026 AJ&K 27 Azad Jammu & Kashmir Board of Revenue Act, 1993 (III of 1993)-- ----S. 7(2)--Azad Jammu & Kashmir Board of Revenue Rule, 1993, R. 6--Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974), Art. 44--Writ petition--Maintainability--Alternate remedy--Appellate order--Revision before full board--Availability of statutory remedy--It transpires that an application for revision before Full Board of Revenue under sub-section (2) of Section 7 of The Azad Jammu & Kashmir Board of Revenue Act, 1993 coupled with Rule 6 of The Azad Jammu & Kashmir Board of Revenue (Conduct of Appeals and Revisions) Rules, 1993 lies where order made or decree passed by Court, subordinate to Board is reversed or modified by a Member Board of Revenue on appeal--Petitioner without availing remedy by-way of filing an application for revision before Full Board of Revenue under sub-section (2) of Section 7 of The Azad Jammu & Kashmir Board of Revenue Act, 1993 coupled with Rule 6 of Azad Jammu & Kashmir Board of Revenue (Conduct of Appeals and Revisions) Rules, 1993 invoked extra-ordinary jurisdiction of this Court conferred under Article 44 of Constitution, Ibid, hence, from this angle, instant writ petition is not maintainable because of having alternate and efficacious forum--Petition dismissed. [Pp. 28 & 29] A & B Order The captioned writ petition has been addressed under Article 44 of the Azad Jammu & Kashmir Interim Constitution, 1974 whereby vires of the impugned order of the learned Member Board of Revenue (Judicial) dated 12.09.2024 has been challenged for having been passed without lawful authority and is of no…