Liyakat Ali Khan vs Union Of India And Ors on 3 August, 2017

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Jammu & Kashmir High Court - Srinagar Bench

Liyakat Ali Khan vs Union Of India And Ors on 3 August, 2017

Bench: Ali Mohammad Magrey

Serial No.18
WeeklyRegular
hearing List

                       HIGH COURT OF JAMMU AND KASHMIR
                                 AT SRINAGAR

           LPASW No. 167/16             Date of order: 03.08.2017
           MP No. 01/2016

           Liyakat Ali Khan                            Appellant
                v.
           Union of India & Ors.                       Respondents

Coram:

Hon'ble Mr. Justice Badar Durrez Ahmed, Chief Justice Hon'ble Mr. Justice Ali Mohammad Magrey, Judge. Appearing counsel:

For the Appellant(s) : Mr. Z. A. Qureshi, Sr. Advocate For the Respondent(s): Mr. T. M. Shamsi, ASGI

i) Whether approved for reporting in Yes/No Law journals etc.:

ii) Whether approved for publication in press: Yes/No Badar Durrez Ahmed, CJ (Oral)

1. The present appeal is directed against the order dated 17.08.2016 passed by a learned Single Judge of this Court in SWP No. 1314/2004. The main grievance of the appellant is that he was the writ petitioner and the writ petition has been decided on merits in his absence.

2. However, we noted that the direction given by the learned Single Judge granted liberty to the appellant/writ petitioner to file a revision petition before the revisional authority under Rule 29 of the CRPF Rules, 1955 within a period of six weeks from the date of receipt of the order. The learned Single Judge also directed that the revision petition if filed would be decided on merits within LPA No. 167/2016 Page 1 of 2 three months without taking into account the issue of limitation. It so happened that the appellant has in the meanwhile, filed a revision petition as directed by the court. But, the same is pending with the revisional authority. Since a long time has elapsed, we direct the revision petition be decided on merits within six weeks from today. The revisional authority shall decide the same without taking into account any observation made by the learned Single Judge in the impugned order. In case the appellant is aggrieved by the order passed on the revision petition, it would be open to him to challenge the same in accordance with law.

3. The appeal stands disposed of accordingly.





      (Ali Mohammad Magrey)         (Badar Durrez Ahmed)
                     Judge                  Chief Justice

Srinagar
03.08.2017
Mujtaba Secy




LPA No. 167/2016                                        Page 2 of 2

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