| Case ID |
1773abf6-abeb-49d8-ae48-82c05274669b |
| Body |
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| Case Number |
W.P. No. 857 of 2018 |
| Decision Date |
Dec 20, 2022 |
| Hearing Date |
Dec 20, 2022 |
| Decision |
The writ petition was accepted, as the Deputy Commissioner Rehabilitation's order was found to be in violation of the principles of natural justice, particularly the right to a fair trial. The impugned Certificate dated 14.04.2017 and the related judgment dated 03.04.2017 were set aside concerning the petitioners' claim over specific survey numbers. The court emphasized that no decision should be made without giving the concerned parties an opportunity to be heard, which was not adhered to in this case. |
| Summary |
In the case of W.P. No. 857 of 2018, the High Court (AJ&K) addressed issues concerning the Administration of Evacuee Property Act, 1957, and the Azad Jammu and Kashmir Interim Constitution Act, 1974. The petitioners, Sheikh Iqbal Ghani and others, challenged the issuance of an allotment certificate by the Deputy Commissioner Rehabilitation for land they claimed ownership of. The court found that the respondents had failed to provide an opportunity for the petitioners to present their case, violating their right to a fair trial. The decision highlighted the importance of due process and the necessity of allowing all parties to be heard before making adverse decisions. As a result, the impugned decisions were declared illegal, and the petition was accepted, reaffirming the petitioners' rights over the disputed property. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
SYED SHAHID BAHAR, J.
|
| Lawyers |
Mr. Akhlaq Hussain Mughal
|
| Petitioners |
Sheikh IQBAL GHANI & others
|
| Respondents |
DEPUTY COMMISSIONER REHABILITATION DISTRICT JEHLUM VALLEY, AZAD GOVERNMENT and others
|
| Citations |
2023 SLD 1219,
2023 PLJ 83
|
| Other Citations |
Not available
|
| Laws Involved |
Administration of Evacuee Property Act, 1957,
Azad Jammu and Kashmir Interim Constitution Act, 1974,
General Clauses Act, 1897 (X of 1897)
|
| Sections |
23,
44,
24
|