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ABDUL KHALIQ versus MUHAMMAD MALIK


Mirpur Development Authority Ordinance 1974 Section 47 Mirpur Municipal Committee Regulations (for Development and Settlement of Plots / Properties), 1985, Regular 8 Independent J&K Interim Authorization Act (VIII of 1974), Section 42 Allotment of Eidas Allotment for Areas The responding authority of the area responding to the same, canceled the applicants again (Eidgah) The High Court fixed the order of the reviewing authority and filed a petition to the respondents demanding rehabilitation of such area. Applicant's eligibility for should have continued. For this purpose, the High Courts believe that the respondents' entitlement was accepted by the reviewing authority. The reviewing authority stated that the respondents could be allotted their place of entitlement by which Applicants affected by the High Court Approved Order were badly affected. Individuals, therefore, were eligible to file an appeal. Respondents could not establish their claim that the area was not reserved for the High Court, the Eidgah High Court, so there was an error in accepting the constitutional petition, moreover, the respondents In favor of, allotments were given by the Mirpur Development Authority, who did not have the power to grant the allotment. Discretionary powers in the constitutional jurisdiction should not have been exercised by the High Court in favor of the respondents in the sense that arbitrary powers cannot be exercised to maintain unlawful stability or to prevent illicit gains. Whereby the decision of the High Court was set aside

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