Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Azad Jammu & Kashmir Board of Revenue Act, 1993 (III of 1993)-- ----Ss. 6(3) & 7(2)--Azad Jammu and Kashmir Interim Constitution, 1974 (VIII of 1974), Art. 44--Allotment of land--Time-barred appeal--Board of Revenue was not impleaded as necessary party--right of defense was closed--Writ Petition--Maintainability--Necessary Party--Board of Revenue--Statutory Remedy--Exhaustion of Alternate Remedy--Factual Controversy--Scope of Constitutional Jurisdiction--Where statutory remedy was provided against any adverse order and same had not been availed, allowing a writ petition was an exception and declining such premature writ petition by insisting upon exhaustion of statutory remedy was a rule generally applied--Factual controversy was involved in matter and factual errors were not corrected in writ jurisdiction--Adjudication made by special tribunal upon evidence and record was normally not reopened by Court while exercising powers under Article 44 of Azad Jammu & Kashmir Interim Constitution, 1974, unless violation of any codal provision was pointed out--A decision merely incorrect on facts did not warrant interference--Law was settled that writ could be issued where violation of law or rules was established, but where no such illegality was shown petition was not maintainable--Petition dismissed.            [Pp. 78] A, B & C Sheikh Muhammad Aslam, Advocate for Petitioners. Ch. Kaleem Afsar, Additional Advocate General for Azad Govt./official Respondents. Mrs. Noshaba Iqbal, Legal Advisor for Board Revenue Department. Date of hearing: 23.2.2026. Judgment Instant writ petition has been filed by the petitioner under Article 44 of the Azad Jammu & Kashmir Interim Constitution 1974, to challenge the decision of Judicial Member Board of Revenue dated 15.07.2021 through which the decision of Commissioner dated 18.06.2021 was endorsed. 2.       Facts in brevity as portrayed in the writ petition are that the land measuring 10 marla was admittedly allotted in favour of the father of petitioners namely Beer Wali and subsequently same was transferred to the petitioners as…