Union Territory Of J&K & Anr vs Inhabitants Of Village Braripora ...
2023 Latest Caselaw 1256 j&K/2

                                                                        Item No. 161
                                                                        Suppl.. List


             HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT SRINAGAR
                                   CM (M) No. 252/2023
                                    CM No. 6027/2023
Union Territory of J&K & Anr.
                                                           ...Petitioner/Appellant(s)
                       Through:      Mr. Faheem Nissar Shah, Government Advocate.
                                               Vs
Inhabitants of village Braripora Handwara
                                                                      ... Respondent(s)
CORAM:
   HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
                         ORDER

04.10.2023 In the instant petition, petitioner is aggrieved of the order passed by the Court of learned Additional District and Sessions Judge, Handwara dated 07.08.2023 in file No. 23/M filed by the inhabitants of Braripora v. Collector Land Acquisition Handwara & Anr.

It is stated that the learned Trial Judge in order to execute the ex-parte judgment dated 16.12.2019, in the execution proceedings had proceeded to direct the Treasury Officer, Kupwara and Treasury Officer, Handwara to release the salary of the subordinate officials/employees of the said department, except that of the A.D.C Handwara and Director Youth Service and Sports, Kupwara till further orders, without deciding the application filed by the petitioners/defendants under Order 9 Rule 13 Code of Civil Procedure.

It is urged that the respondents are without salary for more than seven months, though the application for vacation of the order 07.08.2023, has been filed by the petitioners but the learned Trial Judge while modifying the order dated 07.08.2023, has directed the release of the subordinate staff only.

List on 3rd November, 2023.

Registry to summon the digitizedrecord from the court of learned Additional District Judge, handwara.

Meanwhile, Treasury Officer, Kupwara and Treasury Officer Handwara are directed to release the salaries of the A. D. C. Handwara and Director Youth Services & Sports, Kupwara for the month of Feb. 2023 till September, 2023 for the time being.

(MOKSHA KHAJURIA KAZMI) JUDGE

SRINAGAR 04.10.2023.

Ab. Rashid