Jammu & Kashmir High Court
Cm (6970/2022) vs Shailender Parihar on 22 September, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
2025:JKLHC-JMU:3008-DB
S.No.18
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
......
CJ Court
LPA No.130/2022
CM (6970/2022)
Sushant Sharma, age 32 years
S/O Nathu Ram
R/O Mohalla, Block Gundna,
Tehsil Mohalla, District Doda.
....... Appellant(s)
Through: Mr. Himanshu Beotra, Advocate
Versus
1. Shailender Parihar,
S/O Sh Sewa Ram,
R/O Mohalla, Block Gundna,
Tehsil Mohalla,
District Doda.
2. UT of J&K through Commissioner/Secretary
Youth Services and Sports Department,
Civil Sectt., Jammu
3. Director General
Youth Services and Sports Department,
M.A. Stadium, Jammu.
4. District Youth Services and Sports Officers,
Doda.
5. Deputy Commissioner, Doda.
.........Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG for R-5
Mr. Eishaan Dadhichi, GA for R-2 to 4
Mr. Achal Sharma, Advocate for R-1.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR JUSTICE RAJNESH OSWAL, JUDGE
ORDER
22.09.2025
1. The appellant, though not party to the writ petition, but, was granted
leave in terms of order dated 30.11.2022 to assail the judgment dated
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18.10.2022 passed by the learned writ Court in WP(C) No. 275/2020
titled 'Shalinder Parihar Vs. UT of J&K and others' whereby the
order No. DG-YSS/Estt/11112-16 dated 01.01.2020 in respect of
cancellation of the engagement of the respondent No.1 as Rehbar-e-
Khel was set aside.
2. The appellant has impugned the judgment on the grounds, inter alia,
that the judgment has been passed by the learned writ Court in
violation of the principles of natural justice as the learned writ Court,
while deciding the writ petition preferred by the respondent no.1 has
not decided the application filed by the appellant for his impleading as
party-respondent in the writ petition preferred by the respondent No.1.
It is also urged that even after the matter was reserved for judgment,
the appellant had filed an application for providing him due
opportunity of hearing, but, without disposing of the said application
the judgment impugned was rendered by the learned writ Court vide
order dated 18.10.2022.
3. The appellant has also raised certain grounds in respect of merits of
his claim, but, as learned counsel appearing for the contesting parties
have agreed for disposal of this appeal in terms of consensus arrived
at between them, we do not deem it proper to refer to the merits of the
claim of the appellant.
4. The perusal of the record reveals that the engagement of respondent
No.1 as Rehbar-e-Khel was assailed by the appellant through the
medium of WP(C) No. 2027/2019, wherein vide interim order dated
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03.06.2019, the Deputy Commissioner, Doda was directed to inquire
into the issue as to whether respondent No.1 was available in the
Country on 28.02.2019 or not. He was further directed to furnish
inquiry report before the Court. The record further depicts that
pursuant to the interim direction dated 03.06.2019, the inquiry came
to be conducted by the Deputy Commissioner, Doda and acting upon
the said inquiry report dated 22.07.2019, the respondent No.3
cancelled the engagement of respondent no.1 as Rehbar-e- Khel vide
order dated 01.01.2020. The said order came to be impugned by the
private respondent in writ petition being WP(C) No. 275/2020 which
was disposed of in terms of judgment impugned in this appeal.
5. This is admitted fact that the writ petition came to be decided by the
learned writ Court without adjudicating the application filed by the
appellant for his impleading as party-respondent in the writ petition.
6. As learned counsel appearing for the contesting parties have reached
to the consensus that order dated 18.10.2022 be set aside and the
matter be remanded back to the learned writ Court for its fresh
disposal in accordance with law, after impleading the appellant as
respondent in the writ petition bearing WP(C) No.275/2020, this
appeal is, accordingly, disposed of by setting aside order dated
18.10.2022 passed in WP(C) No. 275/2020, and the appellant,
namely, Sushant Sharma S/O Nathu Ram, R/O Mohalla, Block
Gundna, Tehsil Mohalla, District Doda is impleaded as party
respondent No.5 in writ petition WP(C) 275/2020. Registry to make
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necessary corrections in the cause title. The WP(C) No. 275/2020
be listed along with WP(C) No. 2027/2019 on 06.10.2025. Further,
learned writ Court is requested to make all possible endeavours to
dispose of both these writ petitions, as expeditiously as possible. Till,
these writ petitions are decided, the private respondent is permitted to
continue as Rehbar-e-Khel as he has already joined after the
impugned judgment was rendered by the writ Court, but, he shall not
claim any equity at the time of final disposal of the writ petitions.
7. Disposed of as above along with connected CM(s).
(Rajnesh Oswal) (Arun Palli)
Judge Chief Justice
Jammu
22.09.2025
Madan Verma-Secy
Whether order is speaking? Yes.
Whether order is reportable? No.
