High CourtsSingle Bench(2020) 06 J&K CK 0021

Mohinder Singh Katoch And Others vs State Of J&K And Others

Jammu And Kashmir High Court · Decided on 30 June 2020

HON’BLE JUDGES
Rajesh Bindal, J
RESULT
Dismissed
CASE NUMBER
Other Writ Petition No. 817 Of 2009

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Judgment

17 paragraphs · 691 words

Rajesh Bindal, J

1.

The petitioner approached this Court praying for the following reliefs :-

"(i) Writ of certiorari quashing the Notice No. HE/Recog-80/Pvt.Coll/PCR/02 dated 10.7.09 to the extent the Institutes of the Petitioner existing at Serial No. 36 (Kawa Institute of Computer Sciences and Management, Munawar Aabad Khanyar and Baghat Srinagar), Serial No. 48( Kawa Institute of Management), Serial No. 52 (Kawa Institute, F-32 Exchange Road, Jammu.) Serial No. 53( Kawa Institute Bari brahmana, Jammu.) Serial No. 75( Kawa Institute of Management & Technology, Opp.Telephonic Exchange Patel Nagar, Kathua ), Serial No.104 ( Kawa Institute, Vijaypur) & Serial No. 147 ( Kawa Institute Poonch City ) of the Notice have been shown as unauthorised Institutions.

(ii) Writ of mandamus directing the respondents to delete the aforementioned institutes of the petitioner from the list of unauthorised institutions and allow the petitioner to run the same.

(iii) Writ of prohibition prohibiting the respondents from taking any action against the aforementioned institutes of the petitioner without considering the reply already filed by the petitioner to aforementioned Notice dated 10.7.09 published in the Daily Excelsior News paper on 15.7.09."

2.

Notice in the petition was issued on 30.07.2009 and the following interim order was passed :-

"Learned counsel for the petitioner submits that this petition in all fours is identical to OWP no. 812/09 titled Punjab Technical University and ors. V State through Education Department and ors. and submits that like order be passed in this case also.

Notice, returnable within two weeks. Dasti notice is also permissible.

Notice in CMP also. Respondents/Competent Authority to take a decision in this case within the notice period, in view of the response filed by the petitioner to the impugned notice. Till next date before the Bench, the status quo as on today be maintained.

List this case along with OWP No. 812/09."

3.

The matter was last listed in Court on 01.09.2009 and thereafter was never listed as it was not pursued by the petitioner. Apparently, the petitioner has lost interest to pursue the present petition and get the same listed or may be with the interim directions issued by this court, the petitioner has already been granted relief by the authority concerned. Even SWP No. 812/2009, alongwith which the present petition was to be listed was dismissed as withdrawn on December 19, 2019.

4.

There are matters pending in this court in which issue of admission to various professional courses and other classes is involved. In some by interim order either admission was granted or seats were directed to be kept vacant but the cases are still lying in court for decades. There are matters where issues regarding construction of roads, culverts, schools, colleges, community centres and other projects of development are pending consideration before this court. In some cases interim stay has also been granted. In these cases even the government departments and counsels are not taking any interest to furnish the requisite information to the court and get those cases disposed of. In fact, as a result of pendency of these types of cases lot of development projects have been put on hold. These are few examples being noticed. There are many more.

5.

Regularly, the cause list is being issued, which is being uploaded on the website of the High Court. The same is accessible to the Advocates as well as to the litigants. In the cause list issued for this Court, a specific note is being printed to the following effect:

"All Advocates whose cases are listed in cause list are requested to contact the concerned Bench Secretary-Mr. Hilal Yousuf on Mobile No. 9419150533 / Reader-Mr. Reagan Thakur on Mobile No. 9419140621."

6.

In the present case as well none of the parties contacted the Bench Secretary or Reader of this Court.

7.

Considering the aforesaid facts, nothing survives in the present petition, at this stage. The same is accordingly, dismissed, however, with liberty to the petitioner to get the same revived within a period of three months, in case, any relief survives therein.

8.

A copy of the order be sent to the petitioner by the Registry of this Court.