Abdul Rehman Dharma And Another vs State Of J&K And Others
2021 Latest Caselaw 226 j&K/2

                                                                      Sr. No.207

           IN THE HIGH COURT OF JAMMU AND KASHMIR
                         AT SRINAGAR

     CJ Court

     Case: LPA No.22/2021, MCC No.10/2019 & CM 1117/2021

     Abdul Rehman Dharma and another.              ...Petitioner(s)/Appellants.
               Through: Mr. Gulzar Ahmad Bhat, Advocate.
                                       Vs.
     State of J&K and others.                                ....Respondent(s)
               Through: Mr. M. A. Qayoom, Advocate.
     CORAM:
     HON'BLE THE CHIEF JUSTICE
     HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE

                                   ORDER

25.02.2021

1. Heard Mr. Gulzar Ahmad Bhat, learned counsel appearing for the

appellants and Mr. M. A. Qayoom, learned counsel appearing for the private

respondents.

2. The appellants have preferred this Letters Patent Appeal against the

judgment and order dated 30.11.2015 passed by the learned Single Judge in

exercise of its writ jurisdiction. It is pointed out that this judgment and order

has travelled up to the Supreme Court and has been upheld.

3. The appeal has been filed with the delay of about four years. The

appellant has applied for condonation of delay on the ground that he had no

knowledge of the impugned judgment earlier.

4. The private respondents along with their objections have enclosed

copies of two writ petitions filed by the appellants earlier. The pleadings of

the said writ petitions clearly demonstrate that the appellants on their own

showing had knowledge of the impugned judgment and order dated

30.11.2015. The first writ petition containing the averments of having

knowledge of the judgment and order dated 30.11.2015 was filed in the year

2017 and was got dismissed as withdrawn with liberty to file a fresh one. The

appellants thereafter filed another writ petition in the year 2018 which also

contained averments disclosing that they had knowledge of the judgment and

order dated 30.11.2015. This writ petition was also got dismissed with liberty

to approach the appropriate forum.

5. In view of the averments so contained in the said two writ petitions filed

by the appellants, it cannot be said that appellant had no knowledge of the

impugned judgment and order dated 30.11.2015 and that they had filed the

present appeal immediately on acquiring the knowledge of the same.

6. In the aforesaid facts and circumstances, we find no good ground for

condoning the delay in filing the appeal. Accordingly, the condonation delay

application is rejected and leave to appeal is consequently refused and the

appeal itself stands dismissed. However, the appellants shall be at liberty to

take recourse to any other legal remedy that may be available to them under

law.

                                               (TASHI RABSTAN)                   (PANKAJ MITHAL)
                                                       JUDGE                      CHIEF JUSTICE
                     Srinagar
                     25.02.2021
                     Abdul Qayoom, PS




ABDUL QAYOOM LONE
2021.02.26 17:05
I attest to the accuracy and
integrity of this document