STATE Vs. ALTAF AHMED
LAWS(J&K)-1993-3-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 30,1993

STATE OF JAMMU AND KASHMIR Appellant
VERSUS
ALTAF AHMED Respondents




JUDGEMENT

KHAN, J. - (1.)These four appeals arise out of a common judgment and are disposed of by common judgment as identical questions of law and facts are involved. The appeal raises a substantial question of law : Whether the writ court, in exercise of its extraordinary jurisdiction can issue a mandamus or for that matter any other writ or direction which has the consequence of negating the decree passed by this court on its original side. The issue involves a survey of the boundaries of power conferred on this court under Article 226 of the Constitution.
(2.)The case has a chequred history. It was some time in 1959 that Compartment No. 37 - Sindh Range was leased out to M/s. Haji Abdul Aziz and Abdul Rashid for an amount of Rs. 7,35,141.00. A lease-agreement was executed between the Forest Department and the aforesaid two persons on 26/11/1959. It contained an arbitration clause and prohibited the lessees from transferring their rights or liabilities under the agreement to any one without previous sanction of the competent authority sanctioning the lease.
(3.)It appears that during the currency of the lease, M/s. Abdul Aziz and Abdul Rashid entered into partnership with M/s. Ali Mohd. Sheikh, Ghulam Rasool, Abdul Rehman, Ghulhm Mohd., Abdul Majid and Mst. Amina Begum to constitute a firm called "M/s. Eastern Forest Company." The goal of the partnership was to execute the lease aforesaid which was in fact worked out by all the partners to the notice and knowledge of the Forest Deptt. It also transpires that partners of M/s. Eastern Forest Company fell out after sometime resulting in the disolution of the partnership and when an outstanding royalty amount of Rs. 2,34,524.00 was sought to be recovered some of the legal representatives of one of deceased lessee Haji Aziz filed Arbitration application No. 59/1967 in this court culminating in appointment of the then CCF, Mr. G. A. Naqashbandi as arbitrator. He filed an award on Aug. 11, 1973 fixing liability on the firm M/s. Eastern Forest Company. The petitioners of arbitration application were allowed to go scot-free. The award was thereafter made rule of the court on Oct. 23, 1974. An appeal was filed against the decree by the State which was dismissed on 31/05/1985 for its failure to object to award under Sections 30/33 of the Act.


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