Jammu & Kashmir High Court - Srinagar Bench
Union Of India & Ors vs Farooq Ahmad Sofi & Ors on 6 May, 2021
Serial No. 102
Supplementary-1 List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
{Through Virtual Mode}
CM Nos. 2490/2021; & 2491/2021 in
RP No. 47/2021 c/w
CCP(D) Nos. 07/2021; & 08/2021
Union of India & Ors.
... Appellants(s)
Through: -
Mr S. A. Naik, Advocate.
V/s
Farooq Ahmad Sofi & Ors.
... Respondent(s)
Through: -
Mr Jahangir Iqbal Ganai, Senior Advocate with
Mr Humaira Shafi, Advocate.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Vinod Chatterji Koul, Judge
(ORDER)
06.05.2021
CM No. 2490/2021:
Mr S. A. Naik, Advocate for the applicants.
Mr Jahangir Iqbal Ganai, Senior Advocate with Ms Humaira Shafi, for the non-applicants.
The application, for the reasons stated and the grounds urged
therein coupled with submissions made at the Bar, is allowed. Let the
applicants/ appellants make good the deficiency immediately when the Courts
start functioning in normal manner upon removal of restrictions by the
Government on account of outbreak of COVID-19 Pandemic
CM disposed of as above.
CM No. 2491/2021:
Mr S. A. Naik, Advocate for the applicants.
Mr Jahangir Iqbal Ganai, Senior Advocate with Ms Humaira Shafi, for the non-applicants.
The application, for the reasons stated and the grounds urged
therein coupled with submissions made at the Bar, is allowed and the delay of
32 days that has occasioned in filing the review petition against the judgment
dated 18th of February, 2021 passed in LPASW No.304/2019 c/w LPASW
No. 305/2019 is condoned.
CM disposed of as above.
RP No.47/2021; CM No.2492/2021:
Mr S. A. Naik, Advocate for the applicants.
Mr Jahangir Iqbal Ganai, Senior Advocate with Ms Humaira Shafi, for the non-applicants.
By this review petition, the review petitioners/ respondents are
seeking review of final judgment dated 18th of February, 2021, passed in
LPASW No.304/2019 c/w LPASW No. 305/2019, whereby the appeals of the
appellants therein/non-applicants herein stand allowed.
Having heard the learned counsel for the parties, we, at the
outset, feel that in the instant review petition, the review petitioners have
touched the merits of the case, which, in a review petition, is unwarranted as
per well settled position of law. The grounds urged in the review petition have
already been decided and findings returned thereon by the Court and, if the
review petitioners were aggrieved of the said findings, they ought to have
availed the remedy under law for challenging the same in the appropriate
Court. In fact, the instant review petition, on grounds enumerated therein,
appears to be a disguised appeal. The grounds taken by the review petitioners
are either that the findings recorded by the Court are not legally tenable, or
that the same are perverse, or that the same are unacceptable. A judgment may
be wrong, erroneous, incorrect, perverse, legally untenable, etc. etc., but, the
only course available for the aggrieved party is to go in appeal against the said
judgment. Such grounds do not constitute errors of fact or of law on the face
of the record as would call for a review.
When apprised of this position, Mr S. A. Naik, the learned
counsel, representing the review petitioners submitted that the instant review
petition may be disposed of by directing the competent authority to take
decision in the matter, instead of respondent No.3 as directed by the Court in
terms of judgment under review.
In view of the submission made by the learned counsel for the
review petitioners, this review petition, without disturbing the judgment under
review, shall stand disposed of by directing that let a decision be taken in the
matter, as directed by the Court in terms of the judgment under review, by the
competent authority instead of respondent No.3.
Review petition disposed of on the aforementioned terms.
CCP(D) Nos. 07/2021 & 08/2021:
Mr Jahangir Iqbal Ganai, Senior Advocate with Ms Humaira Shafi, for the applicants.
Mr S. A. Naik, Advocate for the non-applicants.
In view of the order passed hereinabove in the review petition
filed by the respondents, there shall be no other option for the respondents,
but to comply with the directions passed by the Court in judgment dated 18 th
of February, 2021 passed in LPASW No.304/2019 c/w LPASW No.
305/2019. That being so, let compliance be filed by the respondents on or
before the next date of hearing, failing which appropriate orders shall be
passed on the next date of hearing.
List on 2nd of June, 2021.
(Vinod Chatterji Koul) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
May 6th, 2021
"TAHIR"
TAHIR MANZOOR BHAT
2021.05.06 14:30
I attest to the accuracy and
integrity of this document
