Shoket Hussain vs Ut Of J&K And Others on 27 December, 2022

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Jammu & Kashmir High Court

Shoket Hussain vs Ut Of J&K And Others on 27 December, 2022

Bench: Javed Iqbal Wani

                                                                        Sr. No. 101

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU


                                               WP(C) No. 2084/2022 in
                                               WP(C) No. 2254/2022

Shoket Hussain                                         .....Appellant(s)/Petitioner(s)

                       Through: Mr. D. K. Khajuria, Advocate.

                  Vs

UT of J&K and others                                              ..... Respondent(s)

                       Through: Mr. Ranjeet Singh Jamwal, AAG
                                Mr. Achal Sharma, Advocate.

Coram:     HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
                                     ORDER

27.12.2022 Upon coming of the instant petition being WP(C) No. 2254/2022 for consideration on 21.10.2022, Mr. Achal Sharma, learned counsel appearing for the Caveator invited the attention of this Court to the fact that the cause of action involved in the petition is based on a cause of action involved in an earlier petition filed by the petitioner being WP(C) No. 2084/2022.

Today when the matter was being considered, Mr. Ranjeet Singh Jamwal, learned AAG invited the attention of this Court to yet another petition being WP(C) No. 1850/2022 again having been filed by the petitioner and, subsequently, withdrawn.

A perusal of the instant petition being WP(C) No. 2254/2022 would reveal that the petitioner has not averred anywhere in the petition about the filing of the earlier petition being WP(C) No. 2084/2022 which is listed along with the instant petition or else the filing of the withdrawn petition being WP(C) No. 1850/2022.

2 WP(C) No. 2084/2022 in

WP(C) No. 2254/2022

A perusal of the instant petition also reveals that there is no requisite averment pleaded in the petition that the petitioner has not filed any other petition before this Court or in other Court of competent jurisdiction being a necessary requirement while filing the petition before this Court. The petition has been entertained by the Registry without looking to this aspect and even listed consequently.

The petitioner, in these circumstances, is directed to file an affidavit explaining therein under which circumstances the first petition being WP(C) No. 1850/2022 came to be filed and withdrawn and necessitating the filing of the second petition being WP(C) No. 2084/2022, as also filing of the instant petition being WP(C) No. 2254/2022.

Affidavit be filed within two weeks.

Registrar Judicial, Jammu shall also hold an enquiry into the matter as to how the instant petition being WP(C) No. 2254/2022 has been entertained without the requisite averment in the petition as provided hereinabove and submit a report by or before the next date of hearing.

List on 09.01.2023.

(JAVED IQBAL WANI) JUDGE Jammu 27.12.2022 Shivalee

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