Manzoor Ahmad Bhat & Ors vs M/S Greenland Brick Kiln & Ors
2024 Latest Caselaw 1673 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Manzoor Ahmad Bhat & Ors vs M/S Greenland Brick Kiln & Ors on 23 October, 2024

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                Serial No. 41
                                                          Supplementary-1 Cause List

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR


                           CM No. 6529/2024 in
                            LPA No. 280/2024
                            CM No. 6530/2024
                           Caveat No. 2523/2024

Manzoor Ahmad Bhat & Ors.
                                                            ... Appellant(s)
                              Through: -
                      Mr Showkat Ali Khan, Advocate.
                                     V/s
M/s Greenland Brick Kiln & Ors.
                                                          ... Respondent(s)

Through: -

Mr Nisar Ahmad Bhat, Advocate for the Caveator/ R-1.

CORAM:

Hon'ble Mr Justice Sanjeev Kumar, Judge Hon'ble Mr Justice Rajesh Sekhri, Judge (ORDER) 23.10.2024 CM No. 6529/2024:

01. This is an application moved by the Applicants/ Appellants for seeking leave to file appeal against an Order and Judgment dated 13th of September, 2024 passed by the Writ Court in the Writ Petition filed by the Respondent No.1 herein bearing WP (C) No. 2099/2024, whereby a direction has been issued to the official Respondents herein to implement the sanction Order dated 25th of May, 2024 and a certificate dated 12th of August, 2024 issued by Respondent No.4, provided there was no legal

02. The Applicants/ Appellants claim that with regard to the Brick Kiln in question and the grant of electricity connection, there is already a civil Suit pending between the Applicants/ Appellants and the official as well as the private Respondent herein, which is sub judice. It is submitted that neither this fact was brought to the notice of the Writ Court nor the Applicants/ Appellants were arrayed as party Respondents.

03. Learned Counsel for the Applicants/ Appellants submits that in case the private Respondent herein succeeds in getting the electricity connection as per the sanction granted by the authorities of the Power Development Department in compliance with the Judgment passed by the Writ Court, the Suit filed by the Applicants/ Appellants, which is pending before the civil Court, to that extent would become infructuous.

04. Having heard the learned Counsel for the parties and perused the pleadings on record, we are of the considered opinion that in the given facts and circumstances of the case, the Applicants/ Appellants are persons aggrieved and, therefore, entitled to challenge the impugned Order and Judgment passed by the Writ Court. Accordingly, the instant application is allowed and the Applicants/ Appellants are granted leave to file the appeal against the impugned Order and Judgment passed by the Writ Court.

05. CM No. 6529/2024 shall stand disposed of on the above terms.

Caveat No. 2523/2024 shall also stand discharged, accordingly.

06. List the main appeal on Monday, the 28th of October, 2024.

                                             (Rajesh Sekhri)              (Sanjeev Kumar)
                                                  Judge                        Judge
           SRINAGAR
           October 23rd, 2024
           "TAHIR"