Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 42(10), 44

Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974)-- ----Arts. 42(10) & 44--Azad Jammu & Kashmir Land Revenue Act, (I of 1951), S. 53--Partition of shamlat deh--Mutation--Correction of record--Opportunity of hearing audi alteram partem--Due process--Remand--Importance of procedural fairness was underscored not only in domestic jurisprudence but also in divine law, which prohibited injustice and mandates that decisions affecting rights be made transparently and equitably--Assertion of respondents that appellants had not suffered any loss was a question that could only have been determined after granting them a fair opportunity to present their case--Denial of such an opportunity vitiates orders and judgments impugned before this Court--Appeal disposed of.                                                                                                                                         [Pp. 191 & 192] A & B Mr. Abdul Razzaq Chaudhry, Advocate for Appellants. Haji Imran, Advocate for Respondents. Date of hearing: 29.1.2025. Judgment Raja Saeed Akram Khan, C.J.--The respondents, Muhammad Ajaib and Muhammad Shabir, filed an application before the Deputy Commissioner Mirpur asserting that during the partition of Shamlat Deh land, their land was erroneously allotted to a third party despite their possession of land bearing survey No. 1724/125 measuring 3 kanal, survey No. 1726/1 measuring 3 kanal 18 marlas, survey No. 1725/125 measuring 4 kanal 10 marlas, and survey No.…