Raja ZAIN AKBAR KHAN vs SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASH

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

Raja ZAIN AKBAR KHAN VS SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ jurisdiction---alternate remedy---Scope---alternate remedy cannot be bypassed at random---Remedy of writ in its very nature is an extraordinary relief which is exercised in extraordinary circumstances with due care and caution; that too when violation of law or any statutory provision, fundamental right is oozing from the record which attracts the conscious of the Court qua indulgence. Head NotesCase Description Citation Name: 2023 PLD 41 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN AKBAR KHAN VS SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Right of appeal, review and revision---Scope---Right of appeal, review and revision are creature of statute, rationally bestowed to and provided as remedial purpose to provide a fora for adjudication of a matter. Head NotesCase Description Citation Name: 2023 PLD 41 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN AKBAR KHAN VS SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ jurisdiction---alternate remedy---Scope---Under common law, remedy of judicial review through writ jurisdiction is not available in the presence of adequate alternate remedy---Remedy by way of judicial review should be treated only as a remedy of last resort and should only be used in exceptional circumstances when other remedies, which would provide efficacious redressal, have been properly exhausted by a litigant. Head NotesCase Description Citation Name: 2023 PLD 41 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN AKBAR KHAN VS SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---azad Jammu and Kashmir Public Procurement Regulatory authority Rules, 2017, R. 48---Writ petition---alternate remedy, availability of---Scope---Petitioners assailed the decisions of Grievance Redressal Committee and work order issued in favour of private respondent---Validity---Petitioners after adjudication of the matter by Grievance Redressal Committee instead of filing an appeal before the authority in view of R. 48(7) of the azad Jammu and Kashmir Public Procurement Regulatory authority Rules, 2017 opted to directly file the writ petition---Wisdom of an appellate fora was missing, particularly aspects and modalities with a cross version could have better been judged by the appellate fora as per scheme of special law and thereafter the petitioners could have come forward to attack both the decisions rendered by Grievance Redressal Committee and authority in writ jurisdiction by pointing out any violation of law---article 44 of the azad Jammu and Kashmir Interim Constitution act, 1974 did not confer any substantive right on any party but provided only an additional remedy under extraordinary jurisdiction---Non-availability of adequate alternate remedy was also one of the primary test in this regard, beside other protocols---Writ petition was dismissed. Head NotesCase Description Citation Name: 2023 PLD 41 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN AKBAR KHAN VS SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ jurisdiction---alternate remedy---Scope---article 44 of the azad Jammu and Kashmir Interim Constitution act, 1974 does not confer any substantive right on any party but provides a person only an additional remedy under extraordinary jurisdiction. Head NotesCase Description Citation Name: 2023 PLD 41 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN AKBAR KHAN VS SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ petition---Disputed questions of fact---Scope---Controversial question of facts adjudication of which is possible only after obtaining all types of evidence in power and possession of the parties can be determined only by Courts having plenary jurisdiction in the matter and on such ground writ petition is incompetent. Head NotesCase Description Citation Name: 2023 PLD 41 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN AKBAR KHAN VS SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ jurisdiction---alternate remedy---Scope---Rule of exhaustion of alternate remedy is not an absolute one as there may be exceptional cases wherein a petitioner may be allowed to seek his/her remedy by way of judicial review in spite of the existence of an alternative remedy, but casual deviation from such general rule will burden the constitutional courts with such matters where grievance of petitioner can be well redressed by any alternate forum---Further, the strict compliance to such settled principle will also help to improve the working of other statutory machineries to handle such disputes instead of invoking the constitutional jurisdiction of judicial review. Head NotesCase Description

Raja ZAIN AKBAR KHAN vs SECRETARY PUBLIC WORKS DEPARTMENT (PWD) AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art — 2023 PLD 41 HIGH-COURT-AZAD-KASHMIR

Case information

Judgment text as reported

Other judgments reported in 2023 PLD