Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------Ss. 42 & 44---Constitutional petition---Locus standi to file Constitutional petition---High Court ordered that Management of Shrine be handed over to Government and if it was not possible then to the previous "Mohtamim"--­Validity---Order of High Court which related to return of management of Shrine to previous "Mohtamim" was without jurisdiction. (b).Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Constitutional petition---Locus standi to file---Any person having personal interest in performance of legal duty which if performed in a manner not permitted bylaw with a result in loss of some personal benefit or advantage or curtailment of a privilege or liberty or franchise, can file Constitutional petition. (c) Practice and procedure--- ---- Part of becomes final if no appeal is filed against that. JUDGMENT MUHAMMAD YUNUS SURAKHVI, J.--- This appeal, by way of leave of the Court, has been preferred against the order passed by the High Court on February 27, 1997, whereby the writ petition filed by the appellant, herein, was partly accepted. 2. The precise facts, culminating into the present appeal, are that two petitions were filed before the learned Mohtasib (Ombudsman) of Azad Jammu and Kashmir in respect of the control and administration of Shrine known as "Ziarat Shah Hussain Bukhari" situated in village Heer Kotli Tehsil and District Muzaffarabad. 3. The learned Mohtasib issued a direction to the Secretary of Auqaf Department to accept the proposal submitted by Chief Administrator of Auqaf for releasing the Shrine mentioned above from the control of Auqaf Department. The Secretary of said department was also directed to get necessary notification issued from the Government. 4. The direction issued by the learned Mohtasib was challenged by Khurshid Ahmed appellant by filing a writ petition in the High Court. The writ petition has been accepted and it has been declared by the learned Judge pf the High Court that the impugned order passed by Mohtasib was inoperative and unsustainable. However, a direction has been issued by the High Court to the Secretary…

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