Sohrab Younas vs Custodian of Evacuee Property Azad Jammu and Kashmir, Muzaffarabad arts

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Sohrab Younas VS Custodian of Evacuee Property Azad Jammu and Kashmir, Muzaffarabad arts. 19 & 44---audi alteram partem, doctrine of---Right to fair trial---In pursuance of the ex-parte order passed in the year 2013 by the Custodian Evacuee Property, the modification was madein relevant Proprietary Rights Transfer Order (PRTO) qua land having been allotted to late father of the petitioner in the year 1979---Petitioner filed constitutional petition challenging dismissal of his review petition filed in the year 2015 against the said ex-parte/ modification order(s)---assertion of the petitioner was that he, and the other legal heirs, had no knowledge of the impugned orders as they were residing abroad, thus, a review petition was filed before the respondent (Custodian of Evacuee Property) after getting knowledge of the impugned orders---Validity---Record revealed that land measuring 5 kanal 9 marlas out of survey No.163 was allotted in the name of father of petitioner through allotment chit dated 22.12.1979 and subsequently PRTO dated 07.09.1989 was also issued--- It was an admitted fact reflecting from the (words/contents of) impugned decision that order qua modification was given on back of the petitioner and proforma non-petitioners, although by the same (words/contents) the Custodian also emphasized that the decision was being passed on merit without giving any benefit to the respondents for being ex-parte proceedings in absence of petitioner and others---On the other hand, the petitioner had taken a specific stance before the Custodian regarding inability not to defend their allotment, as to how the process of summoning of the petitioner itself was defective elaborating that the ex-parte proceedings were conducted after proclamation in the local newspaper whereas the petitioner and other stake-holders were living abroad at relevant time---Record also revealed another important fact that the Custodian, during the proceedings, sought inquiry/ report from the Commissioner (Rehabilitation) pertaining to status of property, which inquiry/report was pending adjudication---Impugned decision was not sustainable as the modification took place in the allotment at the back of the necessary party as well as the summoning was defective, thus, doctrine of audi alteram partem had been violated----Right of fair trial was recognized by the Constitution and ex-parte modification in the allotment without adopting due process of law and providing opportunity of hearing was bad in law---High Court set-aside the impugned decision and the case was deemed to be pending before the Custodian for de novo decision on merits, after receiving the supra report of the Commissioner and after giving full opportunity of hearing to the parties concerned---Writ petition was allowed accordingly.

Sohrab Younas vs Custodian of Evacuee Property Azad Jammu and Kashmir, Muzaffarabad arts — 2024 YLR 2791 HIGH-COURT-AZAD-KASHMIR

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