Jammu & Kashmir High Court
Court On Its Own Motion vs State Of J&K & Anr on 3 April, 2023
Bench: Chief Justice, Mohan Lal
Sr. No. 28
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CJ Court
Case: PIL No. 5/2013
Court on its own motion. .....Appellant/Petitioner(s)
Through :- Ms. Deepika Mahajan, Advocate.
Mr. Navyug Sethi, Advocate.
v/s
State of J&K & anr. .....Respondent(s)
Through :- Mr. S. S. Nanda, Sr. AAG.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MOHAN LAL, JUDGE
ORDER
03.04.2023 A copy of the fresh Action Taken Report/Status Report be furnished to learned counsel for the petitioner.
List on 20th May 2023.
(MOHAN LAL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
03.04.2023
SUNITA/PS
Sr. No. ..36
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 It has been submitted by the learned counsel for the respondents that respondent No.1 has expired during the pendency of this writ petition.
In view of above, the petitioner will take the necessary steps for bringing on record the legal heirs of respondent No.1.
List on
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No. ..36
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 It has been submitted by the learned counsel for the petitioner that he has no instructions whether the petitioner wants to pursue the matter or not.
However, there is no representation on behalf of petitioner even today also. We are of the view that petitioner is not keen to pursue his case otherwise he would have been appeared. Accordingly same is dismissed with a liberty to the learned counsel for the petitioner to approach this Court if cause survives.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No. ..36
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 OWP No.201/2012 Mr. ___________submits that there is no need to file response in this petition in as much as pleadings are complete.
List on 16th May, 2023 WP (c) No.2236/2021 It has been submitted by the learned counsel for the respondent Nos.1 and 4 that response is required to be filed in view of affidavit filed by respondent No.2 and 3.
WP (C) No.116/2022
An application bearing ----- has been filed seeking impleadment of respondent Nos.4 to 8 . Since no steps are required to be taken in this regard as they are duly represented by learned Senior Counsel. Three weeks time is granted to file response.
Registry is directed to update the cause title of writ petition. WP (C) No.488/2022 An application bearing No.2729/2022 has been filed seeking impleadment of respondent Nos.10 to 14. On being taken up the said application, no objections have been filed by the other-side and as such application is allowed. There is no need to take steps as they are duly represented by Mr. J. Singh, learned counsel for the applicants.
Registry to update the cause title of the writ petition accordingly. CM disposed of.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No. ..6
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 List on 17th May, 2023 to enable the respondents to file response.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 14.03.2023 SHAMEEM H. Sr. No. ..36 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 Heard learned counsel for the parties. It has been submitted by Mr. Nanda that he has filed affidavit on 14th March, 2023 that seven hundres posts of of ____ referred by the Health and Medical Educaiton department through the public Service Commission for making selection of candidates against the post of medical officers ---- and has furnished selection list in respect of three hundred twenty candidates however in respect of remaining posts the selection is still pending in the Public Service Commission.
Mr. Sahil Mushtaq, learned counsel appearing vice Mr. Nanda seeks some time to have instructions as to when selection process in respect of 380 posts pending in the PSC will be completed. He may do so by or before next date of hearing.
We are of the view that State Government should provide the details of the sanctioned staff existing position and the vancancies. Apart from para medical doctors other than doctors working in Public Health under various/Health Sectors in the district in the Health and Medical Education Department.
Mr. Sharma, learned counsel appearing for the UT of J&K and Ladakh to furnish the necessary information qua Ladakh doctors as well as Medical non medical ( Para medical Staff) in the district of Ladakh.
..
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No. ..7
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 List on Saturday i.e., 18th March, 2023.
The personal appearance of Mr. ________________ for the time being is dispensed with.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No. 8
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 Learned counsel for the petitioner submits that an appeal has been filed against the order dated ----------dirting setting aside of notice dated 18th July, 2009. Leanred counsel submis that since the order was passed in year 2018. The parties may be allowed to proceed in the event it is found at any point of time that the respondent has been engaged in commercial activity contrary to the laws in respect to residential plot even if it is found that the respondents are engagted in commercial activity ------take legal action for demolition or any other activity in accordance with law . The BOCA will be at liberty to proceed in accordance with law including.
In view of above observations, we are of the view that present appeal can be disposed of with the direction to respondents to take action under law if any commercial activity has been done in respect of residential plot.
..
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No. ..36
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 ..
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 14.03.2023 SHAMEEM H. Sr. No. ..36 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 ..
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 14.03.2023 SHAMEEM H. Sr. No. ..36 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 ..
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 14.03.2023 SHAMEEM H. Sr. No. ..36 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 Learned counsel for the appellant may produce the relevant documents to show the service on show cause notice dated 3rd June, 2014 to the respondents.
List on 25th April, 2023, as prayed for.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No.20
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 At the request of learned counsel for the petitoner, list on 27th May, 2023.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 14.03.2023 SHAMEEM H. Sr. No.10 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 Learned counsel for the petitioners submits that she may be permitted to file an amended writ petition. As prayed for, final opportunity is granted to amend the petition.
List on 17th May, 2023.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No.12
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 Learned counsel for the appellant submits at the bar that the respondent has reached age of 63 whereas the age and question of reinstatement does not areise to the extent direction of the Tribunal affirmed by Single Bench directing reinstatement shall not be given effect to. So far as the other reliefs are concerned same would be subject to outcome of this appeal.
List on 27th April, 2023. As prayed for, the matter is adjourned.
List on
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No.13
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 Four weeks time is granted to file response.
List on 17th May, 2023.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No.14
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 Learned counsel appearing on behalf of respondents seeks some more time to file response.
List on 18th May, 2023, subject to payment of costs of Rs.1000/= (Rupees One Thousand only), to be deposited in the Advocates Welfare Fund, with a rider that no further adjournment shall be granted on the next date of hearing.
(VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
JAMMU
14.03.2023
SHAMEEM H.
Sr. No.15
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 ******************* (VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 14.03.2023 SHAMEEM H. Sr. No. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 ******************* (VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 14.03.2023 SHAMEEM H. Sr. No. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: ..
.. .....Appellant/Petitioner(s) Through :-
v/s .. .....Respondent(s) Through :-
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.03.2023 ******************* (VINOD CHATTERJI KOUL) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE JAMMU 14.03.2023 SHAMEEM H.