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Judgment
By this motion, the applicant/ appellant is seeking clarification/ modification of order dated 3rd of July, 2020, passed by this Court in LPA No. 72/2020; CM No. 2020, to the extent of extending the interim direction dated 25th of June, 2020 till such time the applicant/ appellant files the appeal before the concerned forum as directed by this Court.
Mr Salih Pirzada, the learned counsel for the applicant/ appellant, submits that even though, by order dated 3rd of July, 2020, this Court, while setting aside the impugned order passed by the learned Writ Court, gave liberty to the applicant/ appellant to avail the remedy before the appellate forum, viz. District Magistrate, Srinagar, however, the interim direction dated 25th of June, 2020 passed by this Court on the very first date of hearing, was neither extended nor vacated expressly, as such, the applicant/ appellant has filed the instant application seeking clarification/ modification of the aforesaid order to the said extent.
Having heard the learned counsel for the applicant/ appellant and gone through the pleadings on record, we feel that the aforesaid order dated 3rd of July, 2020 passed by this Court in LPA No. 72/2020 is required to be modified/ clarified to the extent it does not take care of the interim direction dated 25th of June, 2020 passed by this Court on the very first date of hearing of the appeal.
In view of the above, the order dated 3rd of July, 2020 passed in LPA No. 72/2020 shall stand modified to the following extent:
i. The applicant/ appellant shall, within two weeks from today, be at liberty to approach the District Magistrate, Srinagar with the appeal as observed in order dated 3rd of July, 2020 passed in LPA No. 72/2020;
ii. The order dated 25th of June, 2020, staying the order No. LA-580-582/E.O/2020 dated 10th of June, 2020 issued by the respondent No.3-Estate Officer, shall remain in force till two weeks; and
iii. In case, the applicant/ appellant does not approach the District Magistrate, Srinagar, within the stipulated time period, the order passed today as well as on 3rd of July, 2020 shall be deemed to have been withdrawn and the respondents shall be at liberty to proceed ahead in the matter.
CM disposed of as above.
This order shall form part of order dated 3rd of July, 2020.