State Of Jk And Others vs Fayaz Ahmad Yatoo And Others
2021 Latest Caselaw 286 j&K/2

                                                                        S. No. 208
                                                                        After Notice
                              HIGH COURT OF JAMMU AND KASHMIR
                                          AT SRINAGAR

                                        CM no. 3875/2019 in
                                         LPA no. 148/2019

     State of JK and others
                                                                      .... Appellant(s)
                                     Through: Mr Shah Aamir, AAG

                                                   V/s
     Fayaz Ahmad Yatoo and others
                                                                      ... Respondent(s)
                                      Through:
      CORAM:
                         Hon'ble Mr Justice Ali Mohammad Magrey, Judge
                             Hon'ble Mr Justice Puneet Gupta, Judge

                                             ORDER

04.03.2021

On the set of facts and the grounds urged coupled with the submissions made, the application is allowed and the delay caused in filing the appeal is condoned.

CM disposed of.

The Letters Patent Appeal, LPA, is taken on board. The appellants are aggrieved of the judgment dated 07.08.2018, for short impugned judgment, passed by the Writ Court in a writ petition, SWP no. 1819/2018, precisely on the ground that the writ petition stands disposed of on threshold without notice to the appellants.

We have examined the impugned judgment and it appears that the Writ Court has not issued any notice to the respondents/ appellants herein for filing returns.

The LPA, therefore, is disposed of by requesting the Writ Court to re-hear the parties on merits after seeking returns.

Disposed of along with connected CMs.

                                        (Puneet Gupta)       (Ali Mohammad Magrey)
                                               Judge                    Judge
     Srinagar
AMJAD    AHMAD LONE
      04.03.2021
2021.03.04 17:17
      Amjad
I attest         Lone PSand
         to the accuracy
integrity of this document