Jammu & Kashmir High Court
Surinder Kumar vs State Of Jammu And Kashmir And Others on 16 December, 2019
Author: Rajesh Bindal
Bench: Rajesh Bindal
Sr. No. 25
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WP(C) No. 4345/2019
Surinder Kumar ..... Petitioner (s)
Through :- Petitioner in person
V/s
State of Jammu and Kashmir and others .....Respondent(s)
Through :-
HON'BLE THE CHIEF JUSTICE
Coram:
HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
JUDGMENT(ORAL)
1. This writ petition has been registered in view of reference made under Section 19(2) of the Jammu and Kashmir Protection of Human Rights Act, 1997 by the erstwhile Jammu and Kashmir State Human Rights Commission.
2. On a perusal of the subject matter of the complaint which was made before the Commission, it would appear that the complainant-Surinder Kumar who is present before us, had a grievance with regard to illegalities committed in respect of the grant of permission to Shri Madan Mohan Misra by the Tehsildar, Samba and the Executive Officer of the Municipal Committee, Samba. In our view, the complainant ought to file a proper writ petition challenging the orders which were passed by these authorities instead of the present writ petition, which has been registered upon the reference by the Human Rights Commission.
2 WP(C) NO. 4345/2019
3. Mr. Surinder Kumar, who appears in person, prays for leave to withdraw this writ petition with liberty to file an appropriate writ petition for pressing his grievances and making the challenge in accordance with law.
4. This writ petition is dismissed as withdrawn with liberty as prayed.
5. We make it clear that there is no adjudication on the merits of the complainant's grievance.
6. Copy of the order be given to Mr. Surinder Kumar under the seal and signatures of the Joint Registrar cum Bench Secretary of this court.
(RAJESH BINDAL) (GITA MITTAL)
JUDGE CHIEF JUSTICE
Jammu
16.12.2019
Raj Kumar
Whether the order is speaking : Yes/No.
Whether the order is reportable: Yes/No. RAJ KUMAR 2019.12.19 10:18 I attest to the accuracy and integrity of this document