Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Plj 2001 AJ K 5 Present Syed Manzoor Hussain GlLANI J Khawaja Abdul Qayyum 13 others - Petitioners versus Azad Jammu and Kashmir Government through its Chief Secretary Muzaffarabad 10 others - Respondents Writ Petition No 59999 decided on 23112001 (i) Ajk Natural Calamities Prevention and Relief Act 1976 - S 4 (2) (j) - Petition uS 44 of Ajk Interim Constitution Act 1974 - Submission that respondents (ajk Government) to restrain from recovering arrears of loans advanced under different schemes on account of area having been declared as natural calamities affected area under government notification dated 821995 - That law under which loans have been advanced are either enacted or adopted by Ajk Council which is not impleaded as a party hence no order can be passed by relief commissioner or government of Azad Jammu and Kashmir - Held Submission is not tenable for reason that under scheme of constitution Ajk Council as well as Assembly have power to make laws for territories of Azad Jammu and Kashmir and State Subjects wherever they may be under Sec 31 (1) of Constitution - Act under which an area can be declared as natural calamity affected area is within legislative competence of Azad Jammu and Kashmir Assembly as it does not find place in third schedule of constitution ie Ajk Council Legislative List - Act promulgated by Assembly thus has to be enforced by all agencies in Azad Kashmir applicable to all State Subjects wherever they may be and binding on every authority whoever functions within territorial limits of Azad Kashmir under any authority of law made by any legislative forum - There is no conflict between act or any other law nor is any pointed out - Provisions of Act visualize emergent situation to be met by emergency steps - Effect of orders issued under Act shall remain in force till notification declaring area as natural calamity affected remains in force or notification is withdrawn or operation of it is suspended - Thus powers vested in relief commissioner under Act over - ride till notification remains in forceNotwithstanding that as stated by learned counsel appearing on behalf of respondents Government of Pakistan has already directed rescheduling of loans and suspension of recovery as a matter of policy hence steps taken in furtherence of Act do not come in way of relief commissioner - Under circumstances of case accepting petition it is directed that relief commissioner shall issue a notification as visualized by Clause (j) of sub - section (2) of Section 4 of Act and notification so issued shall remain valid till notification declaring area as natural calamity affected area is denotified or withdrawn [Pp 6 8 9] A C D (ii) Interpretation of Law When a discretion in circumstances of a case advances cause of justice and public welfare its exercise is mandatory and refusal is a failure to exercise jurisdiction [P 8] B Mr Muhammad Yaqoob Mughal Advocate for Petitioners Ms Additional Advocate General Ghulam Mustafa Mughal Mumtaz Hussain Naqvi and Shah Bahaf Advocates for RespondentsJudgement Result:Appeal dismissed.

Summary: (a) Colonization of Government Lands (Punjab) Act (V of 1912): ----Ss. 10, 19-A & 30 Succession of tenancy rights under the Ejected Tenants Scheme—Allotment of land to deceased predecessor-in-interest—Legal heirs’ entitlement—Respondents, being in cultivating possession, claimed exclusive ownership based on tenancy—District Collector ordered inheritance in favor of all legal heirs as per Shariat Law—Additional Commissioner reversed the order in favor of the cultivating tenants—Member (Colonies), Board of Revenue, reinstated the inheritance to all legal heirs—High Court remanded the case for fresh adjudication—Policy letters of Board of Revenue dated 20-1-1960 and 30-11-1963 clarified that tenancy rights devolve upon all legal heirs unless they owned other cultivable land—Proprietary rights could not be restricted to those in physical possession alone—Petition accepted, and inheritance ordered in favor of all legal heirs. (b) West Pakistan Land Revenue Act (XVII of 1967): ----S. 164 Jurisdiction of revenue authorities in succession disputes—Revenue authorities bound to follow policy decisions and Shariat Law in matters of inheritance—Discrimination among legal heirs based on possession and payment of land dues held unlawful—Inheritance rights accrue from the moment proprietary rights are conferred under the Ejected Tenants Scheme—Order of Additional Commissioner depriving other legal heirs set aside—Inheritance to be distributed among all legal heirs as per Islamic law. (c) Administration of Justice: ----Principles of succession and inheritance in tenancy cases—Effect of policy letters issued by revenue authorities Succession of tenancy under government land schemes governed by statutory provisions and policy guidelines—Courts cannot introduce discrimination among heirs contrary to Board of Revenue policies—Legal heirs have equal rights to inheritance unless expressly excluded under policy—Petition accepted, and impugned order set aside. ----Disposition: Petition accepted. Order of Additional Commissioner set aside. Inheritance of deceased allottee to devolve upon all legal heirs.