MUHAMMAD WARIS vs DISTRICT MAGISTRATE, DISTRICT MUZAFFARABAD, AZAD JAMMU AND KASHMIR art — 2022 PLD 52 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PLD 52 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: PLD
Parties: MUHAMMAD WARIS vs DISTRICT MAGISTRATE, DISTRICT MUZAFFARABAD, AZAD JAMMU AND KASHMIR art
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD WARIS VS DISTRICT MAGISTRATE, DISTRICT MUZAFFARABAD, AZAD JAMMU AND KASHMIR art. 44---Writ petition---Cancellation of State Subject Certificates---Protection of ill-gotten gains---Scope---Petitioners assailed cancellation of their State Subject Certificates by the District Magistrate---Validity---State Subject Certificates showed that all the certificates were issued in different dates with same handwriting and pen, which made them suspicious---Prima facie, the certificates were not issued by the competent authority rather the same were prepared by the State Subject Certificate holders fraudulently---District Magistrate had adopted the process for cancellation of those State Subject Certificates which were illegally issued by the authority---Since the State Subject Certificates were not issued by the concerned authority, hence, the process for cancellation of the illegal State Subject Certificates was not required---authority had categorically stated that the certificates were not issued from its office, therefore, authenticity and genuineness of the documents were not proved---Writ petitions were only filed to protect the ill-gotten gains---Law did not allow the petitioners to protect their illegal gotten gains by invoking writ jurisdiction---Writ petitions were dismissed.

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