| Citation(s) |
|---|
| 1999 SLG 877 1999 SLD 877 1999 CLC 840 |
Supreme Court (AJ&K)
Civil Appeal No.9 of 1997, decision dated: 27-06-1997 (On appeal from the judgment of the-High Court, dated 17-11-1996 in Writ Petition No. 16 of 1990)
SARDAR SAID MUHAMMAD KHAN, C., J AND BASHARAT AHMAD SHAIKH, J
Ch. Muhammad Riaz Alam, Advocate for Appellant Riaz Inqalabi, Advocate for
Respondent No. 1
Civil Appeal No.9 of 1997, decision dated: 27-06-1997 (On appeal from the judgment of the-High Court, dated 17-11-1996 in Writ Petition No. 16 of 1990)
SARDAR SAID MUHAMMAD KHAN, C., J AND BASHARAT AHMAD SHAIKH, J
Ch. Muhammad Riaz Alam, Advocate for Appellant Riaz Inqalabi, Advocate for
Respondent No. 1
Kh. MUHAMMAD AYUB
VS
Mirza TAZARRAT HUSSAIN and 5 others
Law:
Section:
(a) Azad Jammu and Kashmir Local Government Act, 1990-------S. 61(4)(a)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Allotment of plot---Allotment Committee was not made party to proceedings---Effect---If Allotment Committee had allotted plot, Constitutional petition was liable to be dismissed---Objection of non-impleading a public functionary, whose order was challenged or against whom a direction was sought, could be taken up at any time. Liaqat Ali v. Municipal Committee 1997 CLC 692 and Muhammad Resham Khan v. Chairman, Inspection Team (sic) ref. (b).Azad Jammu and Kashmir Local Government Act, 1990--- ----5. 61(4)(a)---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Allotment of plot by a person who was Chairman, Municipal Committee also ex officio Chairman of Allotment Committee---Use of word "Chairman" only in the order---Effect---Both positions being held by the same person it could, at the most, be a misdescription and not a factual defect. s (c) Mirpur Municipal Committee Regulations for Development and Disposal of Plots/Estates, 1985--- ----Regln. 6---Allotment of plot from Prime Minister's special quota-Validity ---Prime Minister quota could be utilized only for deserving persons-Instances, where allotment on Prime Minister's quota could be challenged provided. Mst. Saira Bi v. Mirpur Development Authority 1988 CLC 2330 ref. JUDGMENT BASHARAT AHMAD SHAIKH, J.--- Plot No.686 in Sub-Sector F/1 was allotted to pro forma-respondent No.5 on 19th of February, 1990. The allotment order was issued by the Estate Officer, Mirpur Municipal Committee from the special quota of the Prime Minister. Immediately after its allotment to her, pro forma-respondent No.5, Nighat Aslam sold the plot to the appellant. Respondent Mirza Tazarrat Hussain filed a writ petition in the High Court to challenge the allotment mentioned above. The writ petition has been accepted by a learned Judge of the High Court who has quashed the allotment mentioned above alongwith the subsequent transfer in favour of the appellant. Pro formarespondents Nos.2, 3 and 4 (Chairman, Municipal Committee, Estate Officer of the Municipal Committee…
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