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Raja ZAIN-UL-ABIDEN KHAN vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art — 2023 YLR 47 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2023 YLR 47 HIGH-COURT-AZAD-KASHMIR
Year
2023
Reporter
YLR
Parties
Raja ZAIN-UL-ABIDEN KHAN vs AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art
Subject matter
Criminal
Provisions referred to
S. 24

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

Raja ZAIN-UL-ABIDEN KHAN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art.44---Writ petition---Locus standi---Scope---Judicial redress is available to a person who has suffered a legal injury by reason of violation of his/her legal right or legally protected interest by the impugned action of the State or a public authority or any other person or who is likely to suffer a legal injury by reason of threatened violation of his/her legal right or legally protected interest by any such action---Basis of entitlement to judicial redress is personal injury to property, body, mind or reputation arising from violation, actual or threatened, of the legal right or legally protected interest of the person seeking such redress. Citation Name: 2023 YLR 47 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN-UL-ABIDEN KHAN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art.44---Writ petition---Locus standi---Scope---Only a person who has suffered legal injury can file a writ petition for redressal of his/her grievance and no third party can be permitted to have access to the Court for the purpose of seeking redressal for the person injured. Citation Name: 2023 YLR 47 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN-UL-ABIDEN KHAN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ petition---Necessary parties, non-impleading of--- Locus standi--- Scope--- Petitioners challenged azad Jammu and Kashmir Elections amendment act, 2021, dated: 08.02.20221 to the extent of amendment in S. 24 of azad Jammu and Kashmir Elections act, 2021 and further a direction was sought to the respondents not to remove the petitioners and other State subjects from the voters list according to which they were entitled to vote on temporary addresses---Validity---all the beneficiaries were necessary party but the petitioners had failed to implead them as party and in the absence of necessary party, no direction could be issued---Petitioners were not aggrieved persons, therefore, they could not have filed the writ petitions---Petitioners had no locus standi to file the writ petition---Petitioners themselves had got mentioned their permanent residences in the CNICs---No legal right of petitioners appeared to have been infringed, therefore, they did not fall within the definition of aggrieved persons---Writ petitions were dismissed, in circum-stances. Citation Name: 2023 YLR 47 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN-UL-ABIDEN KHAN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44--- Writ petition---Pro bono publico---Scope---Every person by his own sweet will cannot file the writ petition as pro bono publico until and unless he fulfills the conditions to invoke the constitutional jurisdiction of High Court---Petitioner while invoking such jurisdiction has to show that he is litigating firstly, in public interest and secondly, for public good or for welfare of general public. Citation Name: 2023 YLR 47 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN-UL-ABIDEN KHAN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art. 44---Writ petition---Necessary party--- Scope--- No writ can be issued in absence of a necessary party. Citation Name: 2023 YLR 47 HIGH-COURT-AZAD-KASHMIRBookmark this Case Raja ZAIN-UL-ABIDEN KHAN VS AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR art.44---Writ petition---Locus standi---Scope---Person aggrieved must be a man who has suffered a legal grievance, a man against whom a decision has been pronounced which has wrongfully deprived him of something or wrongfully refused him something or wrongfully affected his title to something.

Other judgments reported in 2023 YLR

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