Law:

Section:

(a) Azad Jammu and Kashmir (Administration of Evacuee Property) Act (XII of 1957)--- ----Ss. 22, 23, 25 & 46---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Scope---Restoration of property---Limitation---Condonation of delay---Petitioner moved an application for restoration of property but same was declared an evacuee land and review petition was thereagainst dismissed by the Custodian of Evacuee Property---Validity---Custodian of Evacuee Property had exclusive jurisdiction and acted in a lawful manner---Writ jurisdiction could not be exercised unless it was proved that authority or tribunal had passed the orders in excess of jurisdiction or the same was result of non-reading or misreading of evidence---Petitioner had not succeeded in pointing out any non-reading or misreading of evidence and could not bring his case for condonation of delay or within limitation---No illegality or irregularity or excess of jurisdiction exercised by the Custodian of Evacuee Property was found---No explanation had been brought on record for delayed institution of review petition and nothing was mentioned with regard to limitation from the date of knowledge or condonation of limitation---No application for condonation or affidavit to such effect had been moved and review petition was time-barred---Delay in filing review petition was result of the negligent conduct of the petitioner and no good or sufficient cause was available for condonation of delay---Findings of Custodian of Evacuee Property were concurrent findings of fact and High Court could neither resolve the question of facts not could sit as a court of appeal on concurrent findings---Writ petition was dismissed. M. Habib Khan v. Nasiri Khatoon and 11 others 2006 SCR 22 rel. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ jurisdiction of High Court---Scope---While exercising writ jurisdiction, High Court could neither resolve the question of facts nor could sit as a court of appeal on concurrent findings of facts and facts of possession was an issue of fact which was subject to evidence of the parties---Writ jurisdiction could not be…

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