Sardar GHULAM MUSTAFA KHAN vs DISTRICT REGISTRAR/DISTRICT JUDGE KOTLI, AZAD JAMMU AND KASHMIR art

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Sardar GHULAM MUSTAFA KHAN VS DISTRICT REGISTRAR/DISTRICT JUDGE KOTLI, AZAD JAMMU AND KASHMIR art. 44---Registration act ( XVI of 1908) , S. 35(1)---Document presented for registration---Denial of execution by the Registering Officer, assailing of---Constitutional petition---Maintainability---Petitioner (principal qua Power of attorney) filed writ petition seeking annulment of the orders of Sub-Registrar and Registrar refusing registration of deed of cancellation of power of attorney ("aBTaL NaMa")---Objection that alternate statutory remedy of the appeal has not been availed by the petitioner---Validity---It is not an absolute rule that in presence of the alternate remedy, the constitutional petition is not maintainable---as per command of art.44 of the azad Jammu and Kashmir Interim Constitution act, 1974, only availability of the alternate remedy under statute is not sufficient qua denial of relief under extraordinary Constitutional jurisdiction---Efficaciousness of the alternate remedy is one of the factors to be considered---Remedy of appeal before the administrative higher fora in the hierarchy of the relevant law cannot always be considered as an efficacious alternate remedy---If it is established that any act of the functionary has taken a track which is in opposition with the scheme of law, countermand of such instrument under judicial review is proper treatment of contra jus orders---an act required to be performed in a specific manner can only be done in such way, otherwise it carries no weight in the eye of law and is regarded as nullity in the eye of law---High Court set-aside the orders passed by the Sub-Registrar and Registrar and application qua registering the document (abtal-Nama) would be deemed to be pending before the registering officer, who shall take up and dispose of the matter as per law---Constitutional petition was allowed accordingly.

Sardar GHULAM MUSTAFA KHAN vs DISTRICT REGISTRAR/DISTRICT JUDGE KOTLI, AZAD JAMMU AND KASHMIR art — 2026 CLC 635 HIGH-COURT-AZAD-KASHMIR

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