Vikas Dhar vs Financial Commissioner (Rev)
2021 Latest Caselaw 21 j&K/2

                                                                   Sr. No. 101

             HIGH COURT OF JAMMU AND KASHMIR
                         AT SRINAGAR
                   (THROUGH VIRTUAL MODE)

                                              CM Nos. 5862/2020,
                                              5863/2020 in
                                              WP(C) 1917/2020

Vikas Dhar
                                                               .....petitioner(s)

                         Through :- Mr. Anil Bhan Sr. Advocate with
                                    Mr. Hakim Suhail Ishtaq, Advocate.


                V/s

Financial Commissioner (Rev)                                 .....Respondent(s)
                       Through :-



Coram:        HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                    ORDER

CM No. 5862/2020

Instant application seeking extension of time for

annexing/depositing the requite Court fee/documents etc. with instant contempt

petition, in view of the grounds urged therein, is allowed. The applicant shall

deposit the requisite Court fee with the Registry of this Court within a period of

one week from the date of announcement of lifting of lockdown on account of

COVID-19 by the Government.

Application is disposed of.

WP(C) 1917/2020

Through the medium of instant petition, the petitioner has

challenged the proceedings in the shape of appeals/revision petitions titled

'Vijay Kumar Sawhney vs Shri Krishen Kumar Amla and other' pending

adjudication before respondent No.1 . The petitioner has further challenged

order dated 25.11.2020 passed by respondent No.1 in the said proceedings.

Learned senior counsel for the petitioner has contended that respondent

No.1, without considering the question of condonation of delay of 46 years in

filing the appeals/revision petitions by respondent No.2, has proceeded to pass

orders in the appeals/revisions petitions including the one dated 25.11.2020

which has been impugned in the present petition. It has been further contended

by learned senior counsel that the issue, which is subject matter of the

appeals/revision petitions stands already decided by this Court vide judgment

dated 23.09.1988 passed in the revision petition titled 'Estates Officer vs K. K.

Amla' and, therefore, the same cannot be reopened in the proceedings before

respondent No.1.

Having heard learned senior counsel for the petitioner and having

considered the material on record, a prima facie case for grant of interim

indulgence is made out in favour of the petitioner.

Issue notice to the respondents.

Till next date before the Bench, the proceedings in case titled

'Vijay Kumar Sawhney vs Shri Krishen Kumar Amla and other' pending

disposal before respondent No.1 as also the impugned order dated 25.11.2020

shall remain stayed.

List on 07.04.2021.

(SANJAY DHAR) JUDGE

Jammu 29.01.2021 Sanjeev PS

SHIVALEE KHAJURIA 2021.01.29 15:52 I attest to the accuracy and integrity of this document