Poonam Mehra And Another vs Union Territory Of J&K And Others
2021 Latest Caselaw 197 j&K/2

Serial No.101
Supplementary -1
Cause list
                   HIGH COURT OF JAMMU AND KASHMIR
                             AT SRINAGAR
                                   ....
                            CM No. 979/2021 in
                              RP no. 15/2021
                             CM No. 980/2021

Poonam Mehra and another                                     ....... Petitioner(s)
                                   Through: Mr. A. H. Naik, Sr. Advocate with
                                            Mr. Zia, Advocate
                            Versus
Union Territory of J&K and others                            ........ Respondent(s)
                                   Through: Mr. B. A. Dar, Sr. AAG
CORAM:
             HON'BLE MR. JUSTICE ALI MOHAMMAD MAGREY, JUDGE
             HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
                                        ORDER

23.02.2021

For the reasons stated in the application coupled with the submissions made at bar, same is allowed and the applicants/review petitioners are permitted to file the review petition without annexing certificate copy of the judgment dated 31.12.2020 passed in LPA No. 160/2020 of which review is sought. However, certified copy of the judgement shall be produced by learned Senior counsel within ten days from today with the Registry of this Court.

CM No. 979/20201 disposed of.

CM No. 980/2021 For the reasons stated in the application, same is allowed. Delay of 19 days in filing the Review Petition is condoned. Accordingly Review Petition is taken on board.

CM No. 980/2021 disposed of.

RP No. 15/2021

1. We have heard learned counsel for review petitioner and also Mr. B. A. Dar, learned Sr. AAG.

2. The review petitioners seek review of order dated 31.12.2020 to the extent of mentioning the total description of land as projected in the writ proceeding/pleadings before Letters Patent Bench to the extent of 04 Kanals 19 Marlas and 210 Sfts instead of 04 Kanals 05 Marlas and 210 Sft along with the residential house in paragraph 7 of the judgement of which review is sought.

CM No. 979/2021 in RP no. 15/2021 CM No. 980/2021

3. Mr. Naik, learned Sr. Counsel when asked as to whether petitioners have mentioned the full details of the land and properties thereof which is the subject matter of the lis and permission sought from the Divisional Commissioner, Kashmir, he refers to ground (a) of paragraph 2 of the Letters Patent Appeal.

4. We have thoroughly examined the same and found that there is a mention of land measuring 04 Kanals 19 Marlas and 210 Sfts, but the Letters Patent Bench has only mentioned land measuring 04 Kanals 05 Marlas and 210 Sfts and not taking note of 14 Marlas under Survey No. 3 Min Khewat No. 147 and Khata No. 258.

5. On consideration of the matter and having perused the record of the case at hand, we find that there is an error on the face of record in Paragraph 7 of the judgement and order dated 31.12.2020 by mentioning only 04 Kanals 05 Marlas and 210 Sfts. instead of 04 Kanals 19 Marlas and 210 Sfts of land along with residential house situated at Gupkar Road, Srinagar.

6. In the above backdrop, we allow this Review Petition and re-draw the paragraph 7 of the judgement dated 31.12.2020 to the extent of mentioning land measuring 04 Kanals 19 Marlas and 210 Sfts along with residential house situated at Gupkar Road, Srinagar instead of 04 Kanals 05 Marlas and 210 Sfts.

7. This order shall form part of the judgement and order dated 31.12.2020.

8. In view of the above, the Review Petition shall stand disposed of accordingly.

(VINOD CHATTERJI KOUL) (ALI MOHAMMAD MAGREY) JUDGE JUDGE Srinagar 23.02.2021 Imtiyaz

IMTIYAZ UL GANI 2021.03.01 02:02 I attest to the accuracy and integrity of this document