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MUHAMMAD ASHRAF versus DEVELOPMENT AUTHORITY, MUZAFFARABAD


The effect of constitutional jurisdiction of section 44 of the Azad Jammu and Kashmir Interim Constitution Act 1974 is considered to be arbitrary, there will be denial of assistance where the court is of opinion that when the conduct of a party, who came to court, It would be unfair to allow treatment. It was as if it was a waiver of relief. Treatment was also denied, where the other party was put in a state of harm, in which case it would not be appropriate to upset the party if such a procedure This would be most likely to happen if the process was delayed over time. Significance where, after this passage, the constitutional petition was filed that the Opposition (authority) had spent a lot of money on the matter, during which the knowledge of the applicants was interrupted and they were banned from public use scheme. Came to court for When performed by the Opposition Party, if the applicant gets relief on such an occasion then it is not only prejudiced that the udice public utility project but it must be a waste of public money. It would be ineligible to issue a writ at such a point as has already been incurred, even if some kind of illegal activity is considered to be a public utility under a scheme under the authority. The applicant, therefore, was not entitled to relief under the circumstances

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