Abdul Gafoor vs Ut Of Ladakh And Others
2023 Latest Caselaw 830 j&K

                                                                     Sr.No. 43


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                   LPA No.51/2023

Abdul Gafoor                                               ....Appellant/Petitioner(s)

                   Through :- Mr. M.I.Sherkhan, Advocate with
                              Mr. Masood Choudhary, Advocate
         V/s

UT of Ladakh and others                                             ....Respondent(s)


            Through :-
       HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
Coram:
       HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
                                    ORDER

28.04.2023

1. This intra Court appeal filed against judgment dated 25.11.2022

passed in WP(C) No.2531/2022, is delayed by 78 days and, therefore,

accompanied by a application for condonation of delay. The applicant has also

moved separately an application seeking leave to appeal on the ground that,

though, the appellant was not party before the Writ Court, but is adversely

affected by the judgment impugned in the appeal.

2. Having heard Mr. Sherkhan, learned counsel appearing for the

applicant/appellant and perused the judgment impugned, we are of the

considered view that the judgment sought to be challenged by the

applicant/appellant does not in any manner, directly or indirectly, affects the

applicant. The judgment of the Writ Court is simply to the extent of directing the

Divisional Forest Officer to consider the representation of the writ petitioner-

LPA No.51/2023

Mohd. Tahir in accordance with law. The Writ Court has said nothing more

nothing less.

3. The grievance of the applicant/appellant seems to be that the

Divisional Forest Officer under the garb of the judgment of the Writ Court dated

25.11.2022 is proceedings against the applicant/appellant and is threatening to

evict him otherwise than in due course of law. If that is the position, it could be a

fresh cause of action available to the applicant/appellant to file a separate

petition.

4. Since there is no positive direction to the Divisional Forest Officer,

Reasi to evict the applicant/appellant herein, as such, we are not inclined to grant

leave to file appeal to challenge the judgment of the Writ Court dated

25.11.2022.

5. For the foregoing reasons, we find this appeal not maintainable. As

such, the same is dismissed along with connected applications including the

application seeking condonation of delay as well as application seeking leave to

file appeal. The appellant/applicant shall, however, be at liberty to invoke the

appropriate remedy, as may be available to him in law, against the proposed

action against him.

                             (Rajesh Sekhri)           (Sanjeev Kumar)
                                  Judge                     Judge

Jammu:
28.04.2023.
Vinod, PS