Jammu & Kashmir High Court - Srinagar Bench
Daily Orders vs State And Ors on 10 October, 2018
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
MP no. 01/2018
In swp 874/18
MP 02/2018 Date of order: 24.04.2018
______________________________________________
J&K All deptt clerical staff Association and ors vs. State and ors
______________________________________________
Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge
Appearing counsel :
For petitioner : Mr. M.Y Bhat, adv.
For Respondents:
______________________________________________ Notice to be published in two daily leading News papers of the State in terms of Order 1 Rule 8 CPC, having wide circulation, for filing of reply.
MP is disposed of.
MP no. 02/18 in SWP No. 874/18 Notice. In the meanwhile, respondent no.1 shall consider the claim of the petitioners, as projected in the petition.
(Ali Mohammad Magrey ) Judge Srinagar 24.04.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
MP no. 01/2018 CPSW 903/17MP 01/18. Date of order: 24.04.2018 ______________________________________________ Ali Mohammad Wani vs. Mr. Farooq Ahmad Shah and anr. ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Javid Hamid, adv. For Respondents: Mr. R.A Khan, AAG ______________________________________________ On the set of facts and the grounds urged coupled with the submissions made at bar, MP is allowed and Mr. Sarmad Hafeez, Commissioner/Secretary to Government, Tourism and Culture Department, Civil Secretariat, Srinagar/Jammu is substituted in place of respondent no.1.
Notice to newly substituted respondent at the expenses of petitioner. List on 09.07.2018.
(Ali Mohammad Magrey ) Judge Srinagar 24.04.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.MP no. 01/2018
In swp no. 1135/2017 Date of order: 24.04.2018 ______________________________________________ Gulshan Bano and ors vs. State and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. T. A Lone, adv. For Respondents:
______________________________________________ Re-notify in regular cause list on 09/07/2018.
(Ali Mohammad Magrey ) Judge Srinagar 24.04.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.MP o. 2/2018
In Swp 343/2018 Date of order: 24.04.2018 ______________________________________________ Mehraj u di Shinoo vs. State and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. M.I Qadri, sr. adv wit Mr. Naveed Gul, adv. For Respondents:
______________________________________________ Notice. In the meanwhile, respondents to release the legitimately earned salary in the favour of the petitioner.
List on 09.07.2017.
(Ali Mohammad Magrey ) Judge Srinagar 24.04.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
SWP No. 888/2018MP No. 01/2018 Date of order: 26.04.2018 ______________________________________________ Illyaz Bhat vs. State of J&K and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel:
For petitioner: Mr. Tasaduq Rasool, adv. For Respondents: Mr. B. A Dar, Sr. AAG. ______________________________________________ In the instant petition, the petitioner has prayed the following relief:
"In the premises, it is therefore, prayed that the respondent no.03 be directed to issue engagement order in favour of the petitioner and allow the petitioner to join the services as may be directed by the respondent no.03.
Any other writ or order which the Hon'ble Court may deem proper may also be passed in favour of the petitioner."
Mere approval for engagement of the petitioner by Inspector General of Police Kashmir Zone, Srinagar, cannot form basis for claiming the engagement.
When asked, learned counsel for the respondents submits that approval has accorded without following the due procedure. The court cannot perpetuate the wrong permitted by the respondent- Inspector General of Police Kashmir Zone, by approving engagement of petitioner as SPO which post will draw the remuneration/salary from the public exchequer, if allowed.
Appointment/engagement of any eligible person against the post with reference to drawal of pay from public exchequer is supposed to be filled up by adopting the due procedure of selection.
Admittedly, no such, procedure has been adopted in the case of petitioner, and the action amounts to favoritism, therefore, the relief claimed can't be granted.
In view of above, the writ petition along with connected MPs is dismissed in limini.
(Ali Mohammad Magrey ) Judge Srinagar 26.04.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Cont. no. 807/2017 Date of order : 27.04.2018 ______________________________________________ Abdul Qayoom Guroo vs. Mr. M. Raju and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Mian Tufail, adv. For Respondents: Mr. Sajad Mohi ud din, GA ______________________________________________ The statement of facts filed by respondents 2 and 3 reveals that the matter has been referred to respondent no.1 for seeking instructions. Respondent no. 1 is directed to file compliance with reference to order dated 22.09.2017 passed by this Court.
List on 25.05.2018.
(Ali Mohammad Magrey ) Judge Srinagar 27.04.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
SWP No. 2017/17 Date of order : 27.04.2018 ______________________________________________ Gh. Nabi Zargar and anr vs. State of J&K and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. M.I Qadiri, sr. adv with Mr. Naveed Gul, adv For Respondents: Mr. B.A Dar, Sr. AAG. ______________________________________________ The writ petition stands already admitted on 05.10.2017. Counter within four weeks and rejoinder thereafter within two weeks.
List on 7th July, 2018. On appointed date respondents to keep records available.
(Ali Mohammad Magrey ) Judge Srinagar 27.04.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
CPSW no. 88/18 Date of order : 09.05.2018 ______________________________________________ Zahida Wali vs. State of J&K and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Mohd Ashraf, adv. For Respondents: Mr. Irfan Andleeb, Dy, AG ______________________________________________ Statement of facts not filed. Two weeks is granted for the purpose. List on 30th May, 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.05.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Res SW 27/18 Date of order : 09.05.2018 ______________________________________________ Dr. Khalid Parvez and anr vs. State of J&K and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Ms. Arifa Jan, adv. For Respondents: Mr. B.A Dar, Sr. AAG and Mr. Irfan Andleeb, Dy, AG ______________________________________________ For the reasons mentioned coupled with the submissions made at bar, restoration application is allowed. SWP no. 565/2013 is restored to its original number. Restoration application is disposed of.
List the main petition on 11th July, 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.05.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Res SW 26/18 Date of order : 09.05.2018 ______________________________________________ Mohd Hussain and ors vs. State of J&K and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Mudasir Bin Hassan, adv. For Respondents: Mr. B.A Dar, Sr. AAG and Mr. Irfan Andleeb, Dy, AG ______________________________________________ For the reasons mentioned coupled with the submissions made at bar, restoration application is allowed. SWP no. 397/2006, is restored to its original number. Restoration application is disposed of.
List the main petition on 11th July, 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.05.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
SWP no. 2270/17 Date of order : 09.05.2018 ______________________________________________ Jameela Akther vs. State of J&K and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Shafqat Nazir, adv. For Respondents: Mr. Asif Ahmad Bhat, AAG Mr. Shahnaz Ratanpuri, adv.
______________________________________________ This petition is admitted to hearing on 6.11.2017. Respondent no. 5 instead of filing counter have filed objections.
Mr. Asif Ahmad Bhat, AAG submits that the reply filed by respondent no.5 be treated as counter on behalf of respondents 1 to 4 . His statement is taken on record.
Mr. Shahnaz Rantanpuri learned counsel for respondent no.5 submits that objections already filed be treated as counter on behalf of respondent no.5. Rejoinder within two weeks.
List for hearing on 06.06.2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.05.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
SWP no. 2235/17 Date of order : 09.05.2018 ______________________________________________ Ab. Hameed Shah vs. State of J&K and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Arif Sikander, adv. For Respondents: Mr. B.A Dar, Sr. AAG. ______________________________________________ Heard.
Admit.
Notice waived by Mr. B.A Dar, Sr. AAG on behalf of respondents. Mr. Dar submits that reply already filed be treated as counter. Rejoinder within two weeks. List for final hearing on 06.06.17, higher up.
(Ali Mohammad Magrey ) Judge Srinagar 09.05.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Contempt no. 961/2014 Date of order : 09.05.2018 ______________________________________________ Shakeela Akther vs. Gh. Mohd Dar ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Ms. Asma Rashid, adv. For Respondents: M/s. B.A Dar, Sr. AAG and M. I Dar, AAG ______________________________________________ Mr. B.A Dar, sr. AAG and Mr. M. I Dar, AAG seeks and is granted two weeks time to file compliance report.
List on 23rd May, 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.05.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Contempt no. 954/17 Date of order : 09.05.2018 ______________________________________________ Zubair Bin Majeed vs. Mr. Raj Kumar Goyal and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Aftab Ahmad, adv. For Respondents: Mr. B.A Dar, Sr.AAG ______________________________________________ Mr. B. A Dar, Sr. AAG undertakes to file statement of facts, copy whereof shall be furnished to counsel for the otherside.
List on 30th May 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.05.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Contempt no. 880/17 Date of order : 09.05.2018 ______________________________________________ Abid Hussain Peerzada and ors vs. Shri Mohd Afzal Bhat and ors _____________________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. M. Ajaz, adv. For Respondents: Mr. B.A Dar, Sr.AAG _____________________________________________________ Petitioners allege violation of order dated 24.03.3025 passed in Review petition no. 05/2014 arising out of SWP No. 732/2010 and the order passed in contempt no. 97/2016 dated 21.12.2016, whereby this Court had directed the respondents to consider the case of the petitioners for promotion against the post of Forest Guard.
Respondents had considered the case and their promotion was kept subject to clearance from DPC for purpose of retrospective promotion.
Petitioners have brought on record communication dated 30.11.2017, whereby it is stated that notwithstanding the order passed by this Court, the respondent Conservator of Forest, Kashmir, North Circle, Sopore, is seeking some details and not ensuring implementation of order by making retrospective promotions in terms of interim order dated 13.12.2017 passed in the instant petition. Respondents were asked to file compliance. Respondents stated to have filed compliance which on consideration is not with respect to implementation of the order.
In the above background, respondents no. 3 is directed to seek compliance of the order and file the same within three weeks.
List on 28th May, 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.05.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
SWP No. 1244/2018MP No. 01/2018 Date of order: 06.06.18 ______________________________________________ Jasbir Singh and ors vs. State and ors _____________________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Showket Ali Khan, adv. For Respondents: Mr Sajad Mohi ud din, GA _____________________________________________________ Heard learned counsel for the parties. Notice waived by Mr. Sajad Mohi ud din, GA on behalf for respondents. Subject to objections and till next date before the Bench, the parties shall maintain status quo.
Re-notify on 09th July 2018.
(Ali Mohammad Magrey ) Judge Srinagar 06.06.18 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.SWP No. 2008/2017
MP No. 01/2018 Date of order: 06.06.18 ______________________________________________ Mehraj ud Din Bhat and ors vs. Commissioner/Secretary I&FC and ors _____________________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. A. Andrabi, adv. For Respondents: Mr. Rayees ud din Ganaie, GA _____________________________________________________ In terms of order dated 05.04.2018, Mr A. Andrabi learned counsel appearing for petitioner submits that the relief claimed has with reference to application of Division Bench Judgment reported in SLJ 2003 titled Ashok Kumar v. State of JK.
Mr. Rayees ud Ganaie, GA to seek instructions with reference to entitlement of the petitioner for claiming compassionate appointment in terms of the judgment supra.
Mr. Rayees ud din Ganaie, GA submits that he will file objections before the matter is decided with the application of judgment supra.
In the above background, let the respondents file objections within four weeks.
Re-notify on 9th July 2019.
(Ali Mohammad Magrey ) Judge Srinagar 06.06.18 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.IA No. 3/2018 in 202/18
IA no. 03/2018 in SWP 336/18 Date of order: 07.06.18 ______________________________________________ Ajaz Hussain Ganaie and ors vs. State and ors Lateef Ahmad Baba and ors vs. State and ors _____________________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Ms. Syed Shabana, adv. For Respondents:
_____________________________________________________ Notice returnable within four weeks. Meanwhile, respondents to release the legitimately earned salary in favour of the petitioners in both the above captioned petitions.
List along with the main petition. In view of urgency expressed by the learned counsel for the petitioner, copy of the order be furnished to her under the seal the signature of Bench Secretary.
(Ali Mohammad Magrey ) Judge Srinagar 07.06.18 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
CP SW no. 408/2016 Date of order: 07.06.18 ______________________________________________ Nabiza Begum and ors v. Mr. Sanjiv Tilwar and ors _____________________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Main Tufail, adv. For Respondents: Mr. T.M Shamshi, ASGI _____________________________________________________ Mr. T.M Shamshi, ld ASGI produced record/information as sought for in terms of order dated 21.11.2017. Placed on record.
Due to paucity of time, matter could not be considered. List on 10th July 2018. Meanwhile respondents shall report the status of process initiated in terms of letter dated 24th Oct. 2017.
(Ali Mohammad Magrey ) Judge Srinagar 07.06.18 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
SWP No. 1266/18 Date of order: 07.06.18 ______________________________________________ Arshad Hussain Rather v. State and ors _____________________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. G.Q Bhat, adv. For Respondents:
_____________________________________________________ Despite opportunity given to Mr. M. A Wani, Sr.AAG to seek instructions from the Deputy Commissioner, Anantnag in the matter with reference to criteria adopted, but he has chosen not to appear.
Notice. In the meanwhile, petitioner shall be allowed to participate in the interview at his own risk and responsibility and his selection, if any, shall, remain subject to outcome of the writ petition.
List on 10th July 2018.
(Ali Mohammad Magrey ) Judge Srinagar 07.06.18 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
MP No. 01/2018 in SWP No. 2115/17 Date of order: 07.06.18 ______________________________________________ Tsultim Dolkar and ors v. State and ors _____________________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Ms. Asma Rashid. For Respondents: Ms. Asif Maqbool, GA _____________________________________________________ The petitioners prayed for the following reliefs in the main petition:
"A writ of mandamus, commanding upon the respondents to regularize the services of the petitioners as Storekeepers against the posts on which they are working for the last more than a decade.
A writ of mandamus, commanding upon the respondents to pay to the petitioners the charge allowances from the date of their initial placement against the post of Storekeepers as Incharge till the time their services are regularized as storekeepers.
A writ of prohibition, restraining the respondents from changing the present status of the petitioner to their disadvantages."
Through the instant petition, petitioners seek disposal of the main petition on the ground that they have been appointed as daily rated workers in the respondent department and came to be regularized after putting in long years of service. It is submitted that the services of the petitioners 1 to 4 were regularized w.e.f 01.04.2002 while as the services of the petitioners 5 and 6 came to be regularized w.e.f April 2003.
It is further submitted that the petitioners are working presently as Incharge Storekeepers for the last ten to fifteen years. It is submitted that the petitioners are working on clear vacancies, but despite working on clear vacancies they are not being promoted against the post of Store- keepers, which constrained them to approach this court for redressal of their grievances.
Heard learned counsel for the parties. Perused the record and considered the matter.
Learned counsel for the petitioners submits that the petitioners will feel satisfied if the petition is disposed of with direction to respondents to consider their claim for regularization as Storekeepers as also for charge allowance governing the field.
Learned counsel for the respondents submitted that he is not averse to the proposition made by the learned counsel for the petitioners. His statement is taken on record.
In the above background the petition is disposed of with direction to respondents to consider the claim of the petitioners for regularization as Storekeepers as also pay them charge allowance from the date they have been put as Incharge Storekeepers.
(Ali Mohammad Magrey ) Judge Srinagar 07.06.18 S.A Hussain, Secretary Khalid Mushtaq Prosecuting Officer Posted at 3rd Addl. Munsiff Court Sgr.
Khalid Mushtaq Prosecuting Officer Posted at 3rd Addl. Munsiff Court Sgr.
To Mr. Sheikh Arshid Ayoub Special Secretary to Worthy Chief Secretary State of J&K Civil Secretariat, Srinagar From:
Syed Ayaz Hussain Secretary to Hon'ble Mr. Justice Ali Mohammad Magrey High Court of J&K, Sgr.
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.MP no. 1/2018 in CPSW no. 379/2018
in swp no. 2797/15 Date of order : 25.09.2018 ______________________________________________ Mushtaq Ahmad Sheikh and ors vs. Mr. Rohil Kansal and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Lone Altaf, adv. For Respondents:
______________________________________________ This contempt petition has arisen out of order dated 21.08.2018 passed in MP No. 01/2015 (SWP no. 2797/2015) whereby the respondents 1 to 5 were directed to consider the case of the petitioners in terms of communication No.Est/Estab/41/2013-Discontinue dated 14.12.2015. It is submitted that in the meantime the respondent no.3 Dy Director Estates Department Srinagar, has been transferred and the order dated 21.08.2017 has not been implemented, therefore, the petitioners by way of the instant MP seeks addition of the new incumbent namely Fayaz Ahmad Fayaz who has taken over as Deputy Director Estates Department Srinagar.
On the set of facts and the grounds urged coupled with the submissions made at bar, the instant MP is allowed. The incumbent mentioned in the MP i.e Mr. Fayaz Ahmad Fayaz, Dy. Director, Estates Department Srinagar, Kashmir is arrayed as party respondent/contemnor in the above titled contempt petition who shall figure as respondent/contemnor no.4 in the array of respondents.
MP is disposed of.
CPSW no. 379/2018Notice to newly added respondent/contemnor at the expense of petitioner.
List on 16th Oct. 2018.
(Ali Mohammad Magrey ) Judge Srinagar 25.09.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
ROBC 01/18Date of order : 26.09.2018 ______________________________________________ Aisha Mushtaq vs. Abdul Gani Mir ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Mian Tufail, adv. For Respondents: Mr. B.A Dar, Sr. AAG r-2 Mr. T.M Shamsi, ASGI r-1 ______________________________________________ Mr. T. M Shamsi learned appearing counsel for respondent no.1 submits that he has already filed Review petition which is not listed today and seeks time to file reply to the show cause notice.
Mr. B.A Dar, learned Sr. AAG appearing for respondent no.2 submits that the reply already filed be treated as reply to the show cause notice.
List on 14.11.2018 along with the review petition, meanwhile reply to show cause notice by respondent no.1.
(Ali Mohammad Magrey ) Judge Srinagar
26.09.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.
Contempt no. 34/18Date of order : 26.09.2018 ______________________________________________ Dr. Sheikh Maqbool Ahmad vs. Mr. Pawan Kotwal and anr ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Manzoor A. Dar, adv For Respondents: Mr. Shah Aamir, AAG ______________________________________________ Mr. Shah Amir, learned AAG, submits that both the respondents reflected in the instant contempt petition have changed their positions, when asked Mr. M.A Dar learned counsel for the petitioner submits that Mr. Atal Duloo, is the new incumbent, Principal Secretary to Govt. Health and Medical Education Department. He seeks his impleadment as party respondent.
Mr. Atal Duloo, Principal Secretary to Govt. Health and Medical Education Department, is impleaded as party respondent. He shall figure as respondent no.3 in the array of respondents.
Notice to newly added respondent to be served by process serving agency of Principal District and Sessions Judge, Srinagar returnable within a week's time.
List on 8th Oct. 2018.
(Ali Mohammad Magrey ) Judge Srinagar 26.09.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.SWP No. 2322/18
IA No. 01/18Date of order : 24.04.2018 ______________________________________________ M. Amin Dar vs. State and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge __________________________________________ Appearing counsel :
For petitioner : Mr. Allau din Ganie, adv. For Respondents:
______________________________________________ In terms of order No 279-DES/camp of 2018 dated 04.04.2018 petitioner has been transferred and posted as Incharge St. Officer in the Office of General Manager DIC Bandipora. Petitioner while working was transferred and posted in terms of the impugned order dated 16.08.2018 in the Office of Block Development Officer Karsha (Leh) only after a period of less than five months. Besides the petitioner has also undergone Hip Surgery in the Government Hospital Bone & Joint Surgery. It is submitted that the petitioner has been advised by the Doctors not to undertake long journey.
Submission of the learned counsel for the petitioner has substance, as the petitioner has been transferred twice in less than a period of five months and is medically declared not fit to travel long distance and to remain posted at high altitude , therefore the petitioner has made out a case for grant of ad interim relief.
Notice.
Notice in MP also returnable within a period of four weeks. In the meantime, subject to objections of otherside and till next date before the Bench, the impugned order dated 16.08.2018 qua the petitioner shall stay. Respondents are also directed to allow the petitioner to continue at DIC Bandipora.
List on 01.11.2018.
(Ali Mohammad Magrey ) Judge Srinagar 04.10.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.MP No. 02/18
Swp no. 1711/18 Date of order : 08.10.2018 ______________________________________________ Khursheed Ahmad Bhat vs. Gh. Rasool Sheikh ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Ashraf Wani, adv For Respondents:
______________________________________________ Notice to Mr. N.H Shah, learned AAG for respondents returnable within one week for filing of reply.
List on 15.10.2018.
(Ali Mohammad Magrey ) Judge Srinagar 08.10.2018 S.A Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.RP no. 22/18 In CP OW no. 40/2018
Date of order : 08.10.2018 ______________________________________________ Bipin Kumar vs. Aisha Mushtaq ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. T. M Shamsi, ASGI. For Respondents:
_____________________________________________________ Petitioner-respondent no.2 in the contempt petition, has filed the instant review petition seeking review of order dated 25.07.2018 passed in CPOW no. 40 of 2018 arising out of OWP no. 134/2014, in terms whereof, a show cause notice is directed to be issued to petitioner as to why he shall not be punished for the contempt of court.
Learned counsel for the petitioner submits that the order of which the review is sought, was passed on recording the reasons for non- compliance of the order by the petitioner which in fact is not correct as the petitioner has in terms of the directions passed in the writ petition, had no role to issue the passport unless receipt of recommendation from the CID.
Notice returnable within two weeks. In the meanwhile, operation of the order dated 25.07.2018 passed in CPOW no. 40/2018 shall remain stayed qua petitioner and the matter shall be listed along with contempt petition no. CPOW no. 40 of 2018 on 22.10.2018.
(Ali Mohammad Magrey ) Judge Srinagar 08.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.CPSW no. 539/18
Date of order : 08.10.2018 ______________________________________________ Sabzar Abdullah and ors vs. State and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner :
For Respondents:
______________________________________________ None present. Adjourned. List in next regular cause list.
(Ali Mohammad Magrey ) Judge Srinagar 08.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.CP SW no.520/18
Date of order : 08.10.2018 ______________________________________________ Ghulam Mohi u din Kumar vs. State and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner :
For Respondents:
______________________________________________ None present. Adjourned. List in next regular cause list.
(Ali Mohammad Magrey ) Judge Srinagar 08.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.MP No. 01/2018 In CP OW no. 40/2018
Date of order : 09.10.2018 ______________________________________________ Aisha Mushtaq vs. Aisha Mushtaq ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. Main Tufail, adv For Respondents: Mr. B.A Dar, Sr. AAG Mr. T. M Shamsi, ASGI _____________________________________________________ List on 22.10.2018 along with RP no. 22/2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.Contempt no. 781/2016
Date of order : 09.10.2018 ______________________________________________ Mrs. Misra Banoo vs. State and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. A Hanqani, adv. For Respondents:
_____________________________________________________ Neither compliance have been filed nor respondent no.2 is present leaving no option for the Court but to seek presence of the respondent no.2 through coercive method by issuing a bailable warrant in the amount of Rs.20,000/- to be executed through, SSP Srinagar.
List on 30th Oct. 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.Contempt no. 419/2015
Date of order : 09.10.2018 ______________________________________________ Abdul Aziz Ganai vs. Mr. R.K Goel and anr ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. I. Sofi, adv. For Respondents: Mr. B.A Dar, Sr.AAG _____________________________________________________ Statement of fact/compliance report has been filed. Mr. Sofi, learned counsel for the petitioner submits that the judgment has been implemented in part. However, Mr. B.A Dar, learned Sr. AAG submits the petitioner was found entitled to promotion against the post of Section officer and he was not entitled to further promotion qua pendency of the criminal case. Mr. Dar further submits that a detailed consideration order has been issued by the respondent in this regard vide PHQ no. 2832 of 2012 dated 08.08.2012.
List on 22nd Oct. 2018. Meanwhile Mr. Sofi to examine the consideration order.
(Ali Mohammad Magrey ) Judge Srinagar 09.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.SWP No. 2370/18 IA no. 01/18
Date of order : 09.10.2018 ______________________________________________ Tanveer Ahmad Geelani and ors vs. State and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. S.H Thakur, adv. For Respondents: Mr. Mir Suhail, AAG _____________________________________________________ Heard Mr. S.H Thakur learned counsel for the petitioners. Petitioners have questioned the procedure adopted by Service Selection Board in making the selection of Naib Tehsildars qua violating the rules.
Learned counsel for the petitioners submits that the respondents were required to conduct the test with reference to the knowledge of the candidates in Urdu before short listing them.
Petitioners have approached the court after sitting in the objective type test and on having failed to target the cut-off point with reference to short listing, have questioned the procedure, besides it is to be seen as to whether the procedure with reference to governing the selection of the Naib Tehsildar is followed or not by the Service Selection Board, in that backdrop let a notice be issued to the respondents.
Notice waived by Mr. Mir Suhail learned AAG for the respondents. Reply within two weeks.
List on 26th Oct. 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.Contempt no. 16/2017
Date of order : 09.10.2018 ______________________________________________ Naeim Fatah vs. M/s Sarita Chouhan ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. A. Hanan, Adv For Respondents: Mr. Mir Suhail, AAG _____________________________________________________ Fresh statement of facts to be filed within four weeks. List on 13.11.2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.Contempt no. 427/16
Date of order : 09.10.2018 ______________________________________________ Ab. Majid Khan vs. Dr. Qaisar Ahmad ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner :
For Respondents: Mr. M.A Chasoo, AAG vice Mr. Shah Aamir, AAG _____________________________________________________ Through the medium of instant contempt petition, petitioner is seeking implementation of the judgment dated 18.03.2015 passed in SWP No. 1044/2012, whereby the Court while passing the order, allowed the writ petition by setting aside the seniority list impugned in the petition and directed the respondents to reframe seniority list after affording all concerned to file objections against their placement in Tentative Seniority list and thereafter accord consideration to all eligible candidates for promotion to the post of Health Educator.
The petitioner who is present in person submits that the respondent- Principal Government Medical College, Srinagar, despite direction of this Court, has made promotion in violation of the judgment. He has kept on record the promotion orders as annexures with the contempt petition. Petitioner submits that despite various opportunities to file statement of fact as to how the promotions are made against the directions passed by this Court, it seems that the Principal Government Medical College Srinagar is taking the court orders casually.
Mr. Chasoo, ld AAG who is appearing vice Mr. Shah Aamir, AAG submits that last opportunity of three weeks be granted so that the orders are complied with.
On the assurance of Mr. Chasoo, reluctantly three weeks last and final opportunity is granted to respondent-Principal Govt. Medical College, Srinagar to file compliance, failing which she shall have to appear in person.
Registry to convey the order to respondent-Principal Govt. Medical College Srinagar and copy whereof be furnished to Mr. Shah Aamir, learned AAG.
List on 12.11.2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.10.2018 S.Ayaz Hussain, Secretary HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR.SWP no. 2160/17 c/w CP SW no. 08/17
Date of order : 09.10.2018 ______________________________________________ Shakir Skinder Bhat vs. State and ors ______________________________________________ Coram:
Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearing counsel :
For petitioner : Mr. B.A Misri, adv. For Respondents: Mr. Irfan Andleeb, AAG _____________________________________________________ Compliance of final order dated 28.11.2015, passed in SWP No. 2632/2015 directing the respondent no.1 to consider the case of the petitioner for promotion against the post of Assistant Engineer (Civil) in accordance with rules and regulations, Policy circular and the decision of the Supreme Court as referred to in the aforesaid order dated 28.11.2015 has remained un implemented till date.
Mr. Irfan Andleeb, AAG appeared on behalf of substituted respondent, submits that the case is submitted to General Administration Department, Civil Sectt, Srinagar for seeking guidance with reference to pendency of some case against the petitioner.
Pendency of a case with General Administration Department is not a ground for delaying the process of implementation of the Court direction, such direction is required to be implemented by considering and passing the appropriate orders.
Since the newly substituted respondents are appearing after notice, therefore, it shall be reasonable to grant them three weeks' time to file compliance.
List on 12.11. 2018.
(Ali Mohammad Magrey ) Judge Srinagar 09.10.2018 S.Ayaz Hussain, Secretary