In Owp No. 1947/2015 vs Union Of India And Ors
2021 Latest Caselaw 1145 j&K/2

                                                                   S. No. 80
                                                                   Before Notice Matters
                      HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                                 AT SRINAGAR
                                                                        CM No. 6294/2021
                                                                    In OWP No. 1947/2015
           Mohammad Ashraf Rather                                        .....Petitioner(s)

                                        Through:       Mr. G. N. Shaheen, Adv.
                      V/s
           Union of India and Ors.                              ..... Respondent(s)
                                  Through:      Mr. T. M. Shamshi, ASGI.
           CORAM:
                       Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                                   ORDER

22.09.2021 This is an application seeking release of the amount awarded in terms

of the judgment dated 12.10.2017 passed by this Court in OWP No.

1947/2015. The judgment stands upheld in appeal by Division Bench of this

Court in terms of the order dated 15.09.2021.

The judgment of the writ court has attained finality as such the

amount stated to have been deposited with the Registry of this Court

pursuant to the judgment of the writ court deserves to be released in favour

of the writ petitioner. Accordingly, the application is allowed and the

Registrar Judicial is directed to release the deposited amount along with the

interest that may have accrued thereon in favour of the writ petitioner

subject to the condition that the writ petitioner shall file an undertaking

before the Registrar Judicial that in case, judgment of the writ court as

upheld by the Division Bench is set aside by any superior court, the writ

petitioner shall refund the whole of the amount received by him along with

the interest @ 6% per annum.

CM disposed of.

(Sanjay Dhar) Judge AASIF GUL SRINAGAR 22.09.2021 2021.09.22 06:02 I attest to the accuracy and "Aasif"

integrity of this document