Jammu & Kashmir High Court - Srinagar Bench
Mohammad Akbar Dar vs State Of J&K And Ors on 29 December, 2021
Author: Sanjay Dhar
Bench: Sanjay Dhar
S. No. 18
Regular Cause List
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
CONSW No. 769/2014
Mohammad Akbar Dar .....Petitioner(s)
Through: Mr. M. Amin Bhat, Advocate
V/s
State of J&K and Ors. ..... Respondent(s)
Through:
CORAM:
Hon'ble Mr. Justice Sanjay Dhar, Judge.
ORDER
29.12.2021 This is an application seeking condonation of delay in filing the restoration application. It seems that the main writ petition was dismissed for non-prosecution on 24.05.2013, whereas the restoration application came to be filed on 12.03.2014. There is a delay of 262 days in filing the restoration application. In the application, it is averred that the counsel for petitioner was out of country on the date when the writ petition was dismissed. It is further averred that petitioner is residing in a far-flung area and, as such, he did not get the knowledge of the dismissal of this case and as soon as he got the knowledge, he has filed instant application. The application is supported with an affidavit of the petitioner.
Objections have not been filed by the respondents to the instant application, despite availing a number of opportunities. The averments made in the application, therefore, remain unrebutted. The petitioner having explained the delay satisfactorily, the application is allowed, accordingly, and delay in filing the restoration application is condoned.
List the restoration application for consideration on 10.03.2022. It has been reported by the Registry that the writ record has been affected by the floods of 2014. Registry is directed to make an effort to retrieve the writ record and place the same alongwith the restoration application on the next date of hearing.
(Sanjay Dhar) Judge SRINAGAR MANZOOR UL HASSAN DAR 29.12.2021 2021.12.30 11:24 "Manzoor"