Union Territory Of J&K And Ors vs Amjid Hussain Khan
2024 Latest Caselaw 1640 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Union Territory Of J&K And Ors vs Amjid Hussain Khan on 28 October, 2024

Bench: Sanjeev Kumar, Puneet Gupta

                                                              Serial No. 14
                                                            Regular Cause List

      HIGH COURT OF JAMMU& KASHMIR AND LADAKH
                     AT SRINAGAR

                            CM No. 8097/2023 in
                             LPA No. 274/2023
                             CM No. 8098/2023
Union Territory of J&K and Ors.
                                                           ... Appellant(s)
                              Through: -
                  Ms Maha Majeed, Assisting Counsel vice
                  Mr Mohsin-ul-Showkat Qadri, Sr. AAG.
                                    V/s
Amjid Hussain Khan
                                                         ... Respondent(s)

Through: -

Mr M. M. Khan, Advocate. CORAM:

Hon'ble Mr Justice Sanjeev Kumar, Judge Hon'ble Mr Justice Puneet Gupta, Judge (ORDER) 28.10.2024

01. This is an application moved by the Applicants/ Appellants seeking condonation of delay in filing the appeal against an Order and Judgment dated 3rd of April, 2023 passed by the learned Single Judge of this Court in SWP No. 44/2019 [WP (C) No. 79/2019] titled 'Amjid Hussain Khan v. State of J&K and Ors.'

02. Learned Counsel appearing on behalf of the Non-Applicant/ Respondent submits that he may not oppose the instant application seeking condonation of delay, provided the main appeal is taken up for consideration at the earliest.

03. The application, for the reasons stated therein and also having regard to the fact that the Non-Applicant/ Respondent has not seriously opposed the same, is allowed. The delay of 202 days in filing the main appeal is condoned, subject to payment of Rs.5,000/- as costs, to be paid to the Non-Applicant/ Respondent.

04. CM No. 8097/2023 is disposed of on the above terms.

05. Let the main appeal come up for consideration on 4th of November, 2024.

06. Registry to reflect the name of Mr M. M. Khan, learned Counsel, in the 'Cause List', as Counsel for the Respondent.

                                            (Puneet Gupta)              (Sanjeev Kumar)
                                                Judge                        Judge
           SRINAGAR
           October 28th, 2024
           "TAHIR"