Bilal Ahmad Kaboo vs Ut Of Jammu & Kashmir & Ors
2021 Latest Caselaw 1306 j&K/2

                                                                    Sr. No.62

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR


CJ Court

                            LPA No.129/2021


Bilal Ahmad Kaboo                              ...Petitioner(s)/Appellants.
Through: Mr. Zahoor Jan, Advocate.
                                    Vs.
UT of Jammu & Kashmir & Ors.                             ....Respondent(s)
Through:
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                               ORDER

20.10.2021

1. Heard Mr. Zahoor Jan, learned counsel for the appellant.

2. The appellant has preferred this LPA against the judgment and order dated 08.09.2021 by which the writ petition was allowed and the impugned order of assessment dated 6th May, 2019 was quashed.

3. The appellant is aggrieved by the second part of the order wherein the amount deposited by the appellant during the pendency of the writ petition was not directed to be refunded instead a direction was issued that the said amount would be adjusted in the amount which would be assessed afresh and the excess amount, if any, would be refunded to the appellant.

4. Since after quashing of the impugned assessment order, a direction has been issued to pass a fresh assessment order within a period of six weeks, the amount which has already been deposited by the petitioner has rightly been directed to be adjusted against the fresh assessment and to refund the excess amount, if any.

5. We find no error or illegality in such a direction. It is not necessary that the amount which was deposited by the petitioner during the pendency of the writ petition be refunded when a fresh assessment order is yet to be passed. The appeal, as such, lacks merit and is dismissed.

                                              (SANJAY DHAR)                (PANKAJ MITHAL)
                                                    JUDGE                  CHIEF JUSTICE
                      Srinagar
                      20.10.2021
                      Abdul Qayoom, PS




ABDUL QAYOOM LONE
2021.10.21 12:38
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