Tasleema And Another vs Commissioner And Others
2021 Latest Caselaw 629 j&K/2

                                                              S. No. 112
                                                        Supplementary 1 Causelist


  IN THE HIGH COURT OF JAMMU AND KASHMIR
                                AT SRINAGAR

                     (THROUGH VIRTUAL MODE)



                            Case: LPA 70/2021
                             CM (3648/2021)

Tasleema and another
                                                   ... Petitioner/Appellant(s)
Through: Mr. Nissar Ahmad Bhat, Advocate

                          V/s
Commissioner and others
                                                             ... Respondent(s)

Through: Mr. Momin Khan, Advocate

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

Court fee may be made good within one week of the resumption of regular working.

CM 3647/2021 disposed of.

Heard Mr. Nissar Ahmad Bhat, learned counsel for the appellants and Mr. Momin Khan, learned counsel appearing for respondents 1, 2 and 3.

Issue notice to respondent No. 4.

An order of sealing of the property of the appellants was passed by respondent No. 2. This order was challenged before the J&K Special Tribunal, Srinagar, and the same was set aside vide judgment and order dated 11.5.2021 and the matter was remanded to Srinagar Municipal Corporation for passing a fresh order in accordance with law. This order was challenged by the respondent No. 4 by filing a writ petition before this court. The writ court without disturbing the order of the J&K Special Tribunal disposed of the writ petition maintaining the direction for deciding the matter afresh but at the same time directing that the sealing order will continue and the property will remain in Superdari of the Ward Officer concerned.

LPA 70/2021 Page - 2

A submission is made that once the sealing order has been set aside by the Tribunal and the order of the Tribunal has not been disturbed by the High Court, the property of the appellants cannot remain sealed and in Superdari of any officer.

In view of above, all the respondents are directed to seek instructions and, if necessary, to file response.

List for admission/final disposal on 29.7.2021. Until further orders of this court, the effect and operation of the impugned judgment and order dated 31.5.2021 in so far as it directs that the property shall continue to remain sealed and in Superdari of the Ward Officer shall remain in abeyance.

The SMC shall be at liberty to pass a fresh order as directed by the Tribunal.

                               (VINOD CHATTERJI KOUL)             (PANKAJ MITHAL)
                                             JUDGE                  CHIEF JUSTICE

           Srinagar
           04-06-2021
           N Ahmad




NISSAR A BHAT
2021.06.04 14:52
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