Mohammad Rajab Dar vs Union Territory Of J&K And Ors
2025 Latest Caselaw 822 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Rajab Dar vs Union Territory Of J&K And Ors on 25 February, 2025

Bench: Sanjeev Kumar, Puneet Gupta

                                                      Serial No. 40 and Serial
                                                               No. 2
                                                      Supplementary Cause List
                                                        I& Regular Cause list

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                              CM 904/2025
                             In LPA 33/2025
                            & LPA No. 16/2025

Mohammad Rajab Dar                                           ... Petitioner(s)

Through:     Mr. M. Sultan, Advocate

                                      Vs.

Union Territory of J&K and Ors.                             ...Respondent(s)

Through: Mr. M.A. Makhdoomi, Advocate

CORAM:
             HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
             HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                  ORDER

25.02.2025

CM No. 904/2025in LPA No. 33/2025:

The appellant has filed an application seeking condonation of delay of two days in filing the present appeal, stating that the delay was due to ill health of the counsel for the appellant.

The application for the reasons stated therein is allowed and the delayin filing the appeal bearing LPA No. 33/2025 is condoned.

CM disposed of.

LPA No. 33/2025 & LPA No. 16/2025:

Both these appeals are directed against a composite judgment dated 17.12.2024 passed by this Court in OWP No. 69/2017 c/w OWP No. 459/2017, whereby the writ Court has dismissed both the writ petition and imposed a cost of Rs. 1,00,000/-.

After arguing for a while learned counsel for the appellant seeks leave of this Court to withdraw these appeals with liberty to pursue the appeal which is stated to be pending before the Appellate Authority under the Land Revenue Act. He further submits that he would feel obliged if the cost of Rs. 1, 00,000/-imposed upon the appellant are reduced to reasonable amount.

Statement of learned counsel for the appellant is taken on record and the appeals are dismissed as withdrawn with liberty to pursue the appeal pending before the Appellant Authority under the Land Revenue Act. Having regard to the facts and circumstances of the case and the statement made by Mr. M. Sultan, learned counsel appearing for the appellant at bar, we are inclined to show grace and reduce the cost to Rs. 50,000/- which shall be deposited by the appellant in the Registry of this Court within a period of four weeks from today. In case the costs are not deposited within the stipulated period the Registry shall frame Robkar and place the same before the appropriate Bench.

Copy of this order be placed on each file.

                (PUNEET GUPTA)                      (SANJEEV KUMAR)
                      JUDGE                             JUDGE
SRINAGAR:
25.02.2025
"Mir Arif"