Jammu & Kashmir High Court
Shanti Devi And Others vs J&K Special Tribunal Jammu And ... on 1 March, 2021
Sr. No. 109
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CJ Court
Case: LPA No. 38 of 2021
Shanti Devi and others. ...Petitioner(s)/Appellant(s)
Through: Sh. O. P. Thakur, Sr. Advocate
with Sh. R. K. S. Thakur,
Advocate.
v/s
J&K Special Tribunal Jammu and others. .... Respondent(s)
Through: Sh. F. A. Natnoo, AAG
Sh. R. P. Sharma, Advocate.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
01. Heard Sh. O. P. Thakur, senior counsel assisted by Sh. R. K. S. Thakur,
Advocate for the appellants and Sh. F. A. Natnoo, AAG and Sh. R. P. Sharma,
Advocate for the respondents.
02. The challenge in this appeal is to the order dated 18.02.2021 passed by
the writ court entertaining writ petition WP(C) No. 2788/2019 and calling upon
the respondents to file their response. The leaned Single Judge while passing
the interim order simply observed that the impugned order shall be subject to
the outcome of the application for interim relief.
03. It appears that the order of the allotment of 04 marlas of land present in
Khasra no. 1100 situate in village Trindi Jamura Ramgarh, Tehsil and District
Samba was passed in favour of private respondent nos. 5 and 6. The said order
was challenged by the appellants before the Divisional Commissioner, Jammu
which was dismissed vide order dated 18.03.2011. The revision was preferred
against the said order before the J&K Special Tribunal, Jammu and the same
was also dismissed on 25.06.2019. These two orders were assailed by the
petitioner in the writ petition wherein order impugned in this appeal came to be
passed.
04. It is apparent from the facts that the application of the appellants for
interim relief has not yet been rejected nor the writ court has decided or
adjudicated any rights of the parties.
05. In view of the above, we feel that the appeal is not maintainable as the
order impugned does not have effect of deciding any rights of the parties so as
to make it a judgment in the eyes of the law.
06. In the facts and circumstances, the appeal stands disposed of with the
clarification that any constructions that may be raised by the parties during the
pendency of the above writ petition shall be subject to the decision of the writ
petition and it is expected that the writ court would proceed to decide the
petition itself on its merits most expeditiously or alternatively the application
for interim relief by fixing some early date.
07. Learned counsel for the parties inform that next date fixed in the writ
petition is 30th March 2021. If that be so it is hoped that on the said date atleast
the application for interim relief will be considered and decided leaving it open
to the parties to move a memo before the court concerned for advancing the
date in case of extreme urgency.
Appeal is disposed of.
(SINDHU SHARMA) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
Jammu
01.03.2021Sunita.
SUNITA KOUL
2021.03.02 10:18
I attest to the accuracy and
integrity of this document
