Subash Chander vs State Of J&K And Others

Rajesh Bindal, J

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

"(i) Writ of certiorari and a Writ of mandamus commanding the respondent No.2 to open the bids already received in pursuance to the Auction Notice No. JDA/CA/93 dated 24.7.2010, with respect to a plot of land measuring 5410 Sft. situated at Janipur Main Road Bantalab, Jammu."

Notice in the petition was issued on 08.10.2010, however, no interim order was passed. The matter was last listed in Court on 02.11.2010 when none appeared for the parties. Thereafter, the petitioner did not take any step to get the same listed in Court. Apparently, he has lost interest to pursue the matter.

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.

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."

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

Though, it is pleaded in the petition that fresh bids have been invited for the plot in question which was sought to be challenged. The process must have been completed during the pendency of the present petition as there was no interim stay, the simple bidder therein, if any, has not been impleaded as a party in the writ petition.

Keeping in view the aforesaid facts, the prayer made in the present petition has been rendered infructuous as about ten years have elapsed now. Hence, 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 from today, in case, any cause survives.