Mohammad Aslam vs Custodian General
2023 Latest Caselaw 1272 j&K/2

                                               S. No. 09
                                               (Regular list )
   HIGH COURT OF JAMMU &KASHMIR AND LADAKH
              AT SRINAGAR
                                                   OWP No. 353/2018
                                                  WP(C) No. 1874/2019

 1. Mohammad Aslam
 2. Abdul Jabbar Dar
    Both Sons of Late Mohammad Sidiq Dar

 3. Showkat Ahmad Dar
    S/o Late Mohammad Munwar Dar

 4. Tariq Ahmad Dar
 5. Irshad Ahmad Dar
    Both sons of Abdul Gani Dar
                                                    ..... Petitioner (s)
                    Through:       Mr. R A Bhat, Adv.
                                   Mr. Mohammad Ayoub, Adv.

   V/s
 1. Custodian General, J&K, Srinagar Kashmir
 2. Mohammad Maqbool
    S/o Aziz Najar
 3. Bashir Ahmad Mir
    S/o Ghulam Qadir Mir
 4. Ghulam Nabi Yatoo
    S/o Ramzan Yatoo
 5. Ameer ul Din Yatoo
    S/o Ahmad Yatoo
                                                        ..... Respondent(s)
                    Through:       Mr. G J Bala, Adv.

CORAM:
         Hon'ble Mr. Justice Rajnesh Oswal, Judge.

                               ORDER

06.10.2023

1. OWP No. 353/2018:

2. Learned counsel for the petitioners seeks withdrawal of the

present writ petition in view of the fact that the final order passed Page |2 OWP No. 353/2018 WP(C) No. 1874/2019

by the respondents was challenged by them before the learned

Special Tribunal. Accordingly, the petition is dismissed as

withdrawn.

3. WP(C) No. 1874/2019:

4. Through the medium of present petition, the petitioners are

challenging the judgment/order dated 13.05.2019 passed by the

J&K Special Tribunal, Srinagar in revision petition titled

"Mohammad Aslam Dar and Others Vs. Custodian General J&K

and Others" whereby revision petition filed by the petitioners was

found to be without any merit. The impugned order comprises of

19 pages and only on the last page of the judgment, in ten lines

whole of the revision petition has been decided without assigning

any reason. Confronted with the said situation, learned counsel

for the respective parties have agreed that the order impugned be

set aside with a direction to the learned Tribunal to decide the

revision petition on merits within a period of one month.

5. In view of the fact that no reasons have been assigned by the

learned Tribunal while dismissing the revision petition filed by

the petitioners, the order impugned is set aside. The parties are

directed to appear before the J&K Special Tribunal, Srinagar on

16.10.2023. It is made clear that the parties shall not seek any

unnecessary adjournment nor learned Tribunal shall accord them Page |3 OWP No. 353/2018 WP(C) No. 1874/2019

any such adjournment before the learned Tribunal. The parties

shall appear before the learned Tribunal on 16.10.2023. The

status quo on date be maintained till then.

6. Disposed of as above.

(Rajnesh Oswal) Judge SRINAGAR 06.10.2023 "Aasif