High CourtsDivision Bench(2022) 03 J&K CK 0035

Mohammad Shafi Naik vs Government of JK & Ors

Jammu And Kashmir High Court · Decided on 16 March 2022

HON’BLE JUDGES
Ali Mohammad Magrey, J · Mohan Lal, J
RESULT
Disposed Of
CASE NUMBER
Letters Patent Appeal (LPA) No. 38 Of 2022, Civil Miscellaneous (M) No. 1131 Of 2022, Caveat No. 360 Of 2022

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Judgment

4 paragraphs · 236 words

The instant appeal is filed against the order passed by the Writ Court on 27th January 2022 in CM No. 8601/2021 in WP(C) No. 2436/2021 filed by the Respondent No. 7, in terms whereof, the Writ Court while considering the said application, has declined to pass any order in the application, as that would amount to rendering the writ petition infructuous. It is further held that since there is no interim order passed in the writ petition for the time being, the necessary consequences of the order of the appellate authority would follow.

Mr Syed Faisal Qadri, learned senior counsel appearing on behalf of appellant submits the order is against the records as the Writ Court had already passed an interim order in the matter on 30th November 2021, which was in force. Upon being asked as to why the remedy of review has not been exhausted, the learned senior counsel submits that they have already filed a review petition, which is under consideration of the Writ Court.

Since the appellant has already filed the review petition, therefore, this appeal being unnecessary, shall stand dismissed. However, the appellant shall be at liberty to have the review petition decided. In the event, the appellant makes an application to the Registrar for listing of the review, same shall be listed next week.

Appeal alongwith connected CM(s), shall stand disposed of as above. Caveat application shall also stand discharged.