Citation : 2022 Latest Caselaw 122 j&K/2
Judgement Date : 18 February, 2022
Serial No. 15
Regular Causelist
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
OWP No. 1917/2017
Razia Tabasum & Anr.
..... Petitioner(s)
Through: -
Mr Salih Pirzada, Advocate vice
Mr Nisar Ahmad Bhat, Advocate.
V/s
State of J&K & Ors.
..... Respondent(s)
Through: -
Ms Asifa Padroo, AAG for R-1.
Mr Moomin Khan, Advocate for R-2 to 4.
Mr Farhat Zia, Advocate for R-6.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
Hon'ble Mr Justice Mohd. Akram Chowdhary, Judge.
ORDER
18.02.2022
Mr Moomin Khan, learned appearing counsel for the Respondents 2
to 4 has questioned the maintainability of writ petition on the strength of
judgment rendered by a Coordinate Bench of this court in case titled
Shakeela Bano vs State of JK & Ors bearing OWP No. 1545/2018 decided
on 24th August 2018, as the petitioners have remedy of appeal before the
Special Tribunal.
While applying the aforesaid judgment, we dispose of this writ
petition with liberty to the petitioners to file appeal before the Special
Tribunal within a period of two weeks. The period spent in the writ petition
shall form a ground for condoning the delay, if any, required. On filing the
appeal, same shall be considered on merits by the Tribunal in accordance with the law governing the subject, within a period of two weeks. Till the
matter is considered by the Special Tribunal, interim direction, shall remain
in force.
Writ petition disposed of on the above terms.
(Mohd. Akram Chowdhary) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR:
18.02.2022
"Hamid"
ABDUL HAMID BHAT
2022.02.18 15:20
I attest to the accuracy and
integrity of this document
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