Davinder Dhar And Ors vs UT Of J&K And Ors

Sanjay Dhar, J

This is an application filed by the writ petitioners seeking disposal of writ petition WP(C) No.2142/2020 in light of various orders passed by the Supreme Court in SLP(Crl.) No.859/2021. In the application it has been submitted that in the aforesaid SLP which has been disposed of in terms of order dated 10.10.2023, the issues arising in the instant writ petition have been adjudged and decided and the same also takes care of the grievances raised by the writ petitioners. It has been further submitted that nothing survives in the present writ petition in view of the orders passed by the Supreme Court in the aforesaid Special Leave Petition, as such, the writ petition is required to be disposed of in light of the said orders.

Heard and considered.

The petitioners in the instant writ petition have thrown challenge to orders dated 15.05.2020 and 16.05.2020, passed by respondents No.1 and 2, whereby the land that was transferred by the petitioners in favour of respondent No.6, has been attached. It appears that an FIR No.4/2020 came to be registered with Police Station ACB Srinagar in respect of the land transactions in question and during the investigation of the case the bank accounts of the petitioners, in which they had deposited the sale proceeds of the land in question, were also attached. The challenge to these orders by the petitioners ultimately landed before the Supreme Court in SLP (Criminal) No.859/2021. In the said SLP a number of interim orders came to be passed and the accounts of the petitioners were de-freezed.

In its order dated 17.08.2022 passed by the Supreme Court in the aforesaid case it was ordered that complicity of petitioners, so far as the criminal case is concerned, has not been found. In its order dated 08.03.2021, it was observed by the Supreme Court that the petitioners cannot be deprived of both the money and the land and, accordingly, attachment order in respect of the petitioners was lifted in toto without any restriction on the petitioners in operating their accounts. Ultimately, vide order dated 10.10.2023 the SLP has been disposed of and the all the interim orders passed by the Supreme Court from time to time have been made absolute.

In view of the orders passed by the Supreme Court from time to time, the petitioners have submitted that they have no interest left in the land and that the title of the land does not vest with them, as such, they cannot pray for any relief for lifting of attachment of the land.

In view of what has been submitted by the petitioners in the application and in view of what has been directed by the Supreme Court in SLP 859/2021 from time to time, challenge to the impugned orders of attachment at the instance of the petitioners does not survive. The writ petition alongwith connected CMs is accordingly disposed of.

WP(C) No.994/2021:

This Writ Petition be detached and be listed for further proceedings on the date already fixed.