| Case ID |
167f5d55-0f80-4473-9104-b927670ef514 |
| Body |
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| Case Number |
Writ Petitions Nos. 21 and 22 of 2013 |
| Decision Date |
Nov 20, 2013 |
| Hearing Date |
|
| Decision |
The High Court ruled that the impugned order passed by the Custodian of Evacuee Property was issued without lawful authority and had no legal effect. The court noted that the Custodian failed to exercise the powers vested in him and dismissed the review petition on technical grounds rather than on the merits of the case. The court remanded the case back to the Custodian for a fresh decision in accordance with the law, emphasizing the need for a proper inquiry into the allegations of fraud regarding the allotment of evacuee property. |
| Summary |
In the significant case of Muhammad Siddique Khan and Others vs. The Custodian Government of Azad Jammu and Kashmir, the High Court addressed crucial issues surrounding the allotment of evacuee property under the Azad Jammu and Kashmir Administration of Evacuee Property Act. The court found that the Custodian had failed to consider critical aspects of the case, including allegations of fraudulent allotment. The ruling emphasized the importance of adhering to principles of natural justice and the necessity for a thorough inquiry into claims of fraud. This case highlights the critical balance between administrative authority and the rights of individuals claiming property under the evacuee property laws, making it a pivotal reference point for future cases involving property rights and administrative justice in the region. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Abdul Hameed Khan
|
| Lawyers |
Sardar Shamshad Hussain Khan,
Sardar Tahir Anwar,
Kh. Shabir Ahmed
|
| Petitioners |
Muhammad Siddique Khan and Others
|
| Respondents |
The Custodian Government of Azad Jammu and Kashmir and Others
|
| Citations |
2014 SLD 725,
2014 YLR 1514
|
| Other Citations |
1993 SCMR 618,
1993 SCMR 710,
PLD 1993 Kar. 676,
PLD 1993 Lah. 842,
PLD 1981 SC 167,
PLD 1975 SC 32,
PLD 1956 SC 331,
PLD 1972 AJ&K 58,
PLD 1967 SC 372,
PLD 1967 SC 392,
1984 CLC 2778,
1993 SCR 88,
1994 SCR 187,
1998 CLC 286,
1992 CLC 1861,
2000 YLR 2367,
1992 SCR 344,
2004 CLC 895
|
| Laws Involved |
Azad Jammu and Kashmir Interim Constitution Act, 1974,
Azad Jammu and Kashmir Administration of Evacuee Property Act, 1957
|
| Sections |
44,
18-B
|