Nazir Ahmad Shah vs State Of Jk & Ors
2021 Latest Caselaw 632 j&K/2

                                                                     Serial No. 115
                                                               Supplementary 1 Causelist
                                                                 (Through Virtual Mode)


               HIGH COURT OF JAMMU AND KASHMIR
                         AT SRINAGAR
                                                             CM No. 3622/2021
                                                         In OWP No. 1020/2018
                                                             CM No. 3623/2021
Nazir Ahmad Shah.
                                                            ......Petitioner(s)
                           Through: Mr Jahangir Iqbal Ganai, Sr Adv with
                                    Ms Humaira Shafi, Advocate.

                                       vs
State of JK & Ors.
                                                            ......Respondent(s)
                           Through:

CORAM:

               Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
                                  ORDER

04.06.2021

CM No. 3622/2021;

On the set of facts and the ground urged coupled with submissions

made at Bar, the instant application is allowed and requirement of affixing the

court fee in the shape of stamps etc. with the petition dispensed with for the

time being. However, the deficiency shall be made good by the applicant, as

and when the Court starts functioning in the normal manner. CM disposed of

accordingly.

CM No. 3623/2021;

The applicant/petitioner by medium of the instant application is seeking

recalling of the order passed on 11th of February, 2021, in writ petition bearing

OWP No. 1020/2018, in terms whereof, the writ petition stands disposed of

on the declaration of having rendered infructuous with the application of

judgment rendered by the Division Bench of this Court in PIL No. 19/2011

titled Prof. S.K. Bhalla vs State of JK & Ors, decided on 9th of October, 2020,

in presence of Government counsel.

Mr Jahangir Iqbal Ganai, learned senior counsel appearing on behalf of

petitioner submits that there is no dispute about the decision rendered by the

Division Bench but same is under review, therefore, in the event, the judgment

of the Division Bench on consideration of the review is recalled, the applicant/

petitioner will be entitled for the same relief but in order to avoid any

eventuality, the subject matter has to remain pending till decision is rendered

by the Division Bench in the review petition.

In the above background, let notice be issued to the respondents for

their objections, returnable by or before next date of hearing, to be served by

any available mode.

List on 16th of August, 2021.

Writ records be tagged with the instant application on the next date of

hearing.

(Ali Mohammad Magrey) Judge SRINAGAR:

04.06.2021 "Hamid"

ABDUL HAMID BHAT 2021.06.04 15:44 I attest to the accuracy and integrity of this document