Law:

Section:

Mirpur Development Authority Ordinance, 1974-------S. 47---Mirpur Municipal Committee Regulations (For Development and Disposal of Plots/Estates), 1985, Regln.8---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Areas reserved for purpose of Eidgah--­Allotment of such area to respondents---Revising Authority cancelled the same and re-allotted such area to petitioners (Eidgah)---High Court setting aside order of Revising Authority and restoring such area to respondents ---Validity--­Competency of appellant to file appeal---Area reserved for purpose of Eidgah should have been continued to be reserved for that purpose---High Court's view that entitlement of respondents had been accepted by Revising Authority appeared to be incorrect---Revising Authority had stated that respondents could get allotments at some other place by establishing their entitlement---Petitioners being adversely affected by order passed by High Court were aggrieved persons, therefore, they were competent to lodge appeal---Respondents could not establish their claim that area in question, was not reserved for Eidgah---High Court thus, committed error in accepting Constitutional petition---Besides, allotments in favour of respondents were made by Chairman, Mirpur Development Authority, who had no power to make allotment---Discretionary powers in Constitutional jurisdiction should not have been exercised by High Court in favour of respondents in view of principle that discretionary powers could not be exercised in order to perpetuate illegality or to protect ill-gotten gains---Judgment of High Court was set aside and order of Revising Authority was restored whereby area in question, was allotted in favour of "Eidgah". JUDGMENT MUHAMMAD YUNUS SURAKHVI, J.- This appeal, with the leave of the Court, has been fled to assail the correctness and legality of a judgment passed by the High Court on February 12, 1996, whereby the writ petition filed by respondents 1 to 8 was accepted. 2. The admitted facts, forming the background of the present appeal are that Plot No. 15-C of the size of 4 Kanals, 16 Marlas, 268 sq.ft. situate in Hamidpur Hamlet was allotted in the name of Eidgah of…

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