Law:

Section:

(a) Mirpur Municipal Committee Regulations for Development and Disposal of Plots/Estates, 1985-------Rr. 6, 7, 8, 9 & 1.6---Allotment of plots in question in favour of respondents on basis of alleged possession---Report on basis of which such plots were allotted clearly stated that plots in question were newly developed and were not in possession of respondents---Proceedings adopted by Chairman, Municipal Committee for allotment of such plots in favour of respondents were illegal and was not in accordance with the relevant rules---Regularization of allotments of such plots subsequently by Chairman; Municipal Committee Was in contravention of the relevant rules---Plots. in question, being not in possession of respondents on specified date; allotment or regularization of same on basis of encroachment/possession was thus, contrary to law arid was of no legal effect. (b) Mirpur Municipal Committee Regulations for Development and Disposal of Plots/Estates, 1985-- ----Rr. 6, 7, 8, 9 & 16---Azad Jammu and Kashmir Interim Constitution 'Act (VIII of 1974); S. 44---Constitutional petition---Competency to file--Petitioner whether an aggrieved person---Plots in question could not have been regularized but being newly created and not being in illegal occupation and possession could only have been disposed of in terms of Rr. 7; 8 & 9; Mirpur Municipal Committee Regulations:--Had procedure been strictly followed in accordance with law, petitioners would have been able to apply for the same--­Petitioner was thus, an aggrieved person entitled to bring Constitutional petition against illegal regularization of plots. (c)Azad Jammu and Kashmir-Interim Constitution Act (VIII of 1974)--- --S. 44---Civil Procedure Code .(V .of 1908), O.I R.3 & O.II R,3-y­Constitutional petition ---Misjoinder of causes of action and parties ---Effect-- Allotment and regularization of illegal possessions having been made without following prescribed procedure for the same, such allotments and regularizations were non-existent in the eye of law and could be challenged by single Constitutional petition---Allotments/regularizations being illegal were declared to be without lawful authority…

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