Jammu & Kashmir High Court - Srinagar Bench
Hanfia Islamic Educational Institute ... vs Ut Of J&K And Others on 17 March, 2023
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Supplementary - 3
S. No. 90
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) 540/2023
CM (1296/2023)
Hanfia Islamic Educational Institute through its Chairman
... Petitioner/Appellant(s)
Through: Mr. P. S. Ahmad, Advocate
V/s
UT of J&K and others
Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Asifa Padroo, AAG
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
17-03-2023 Upon coming up of this matter for consideration on 15.3.2023 and having regard to the nature of controversy involved in the petition, Mr. Mohsin Qadiri, Sr. AAG was directed to have instructions in the matter for today.
Mr. Mohsin Qadiri, Sr. AAG reports that as per the information received from the official respondents, the petitioner has not applied through e-filing mode for renewal of the registration of the petitioner institute, which assertion, however, is being controverted by the counsel for the petitioner, who would contend that a formal application for renewal of the registration of petitioner institute has been filed by the petitioner and receipt thereof has been acknowledged by the respondents as well forming annexure-III with the petition.
In view of the conflicting stand taken by appearing counsel for the parties inasmuch as upon perusal of aforesaid receipt (annexure-III to the writ petition) it becomes imperative to direct respondent 2 Director School Education, Kashmir, Srinagar, to file an affidavit to the extent that the petitioner institute did not apply for renewal in that the receipt supra. Let the affidavit be filed within a week's time.
WP (C) 540/2023 Page - 2 List for further consideration on 28.3.2023, till then the impugned communication shall not be given effect to vis-à-vis the petitioner institute. Meanwhile, pendency of the petition shall not stand in the way of petitioner for applying for renewal of the registration through e-filing mode and in the event the petitioner applies so, the respondents to consider the same in accordance with applicable rules.
List on 28.3.2023.
(JAVED IQBAL WANI) JUDGE Srinagar 17-03-2023 N Ahmad