Jammu & Kashmir High Court - Srinagar Bench
Manzoor Ahmad Dar And Ors vs Ut Of Jk And Ors on 16 September, 2020
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Admission VC
Sr. No. 106
IN THE HIGH COURT OF JAMMU AND KASHMIR AT
SRINAGAR
WP(C) No. 468/2020
CM No. 976/2020
Manzoor Ahmad Dar and Ors.
... Petitioner(s)
Through: - Mr. Jahangir Iqbal Ganai, Sr.
Advocate with Mr. Sheikh
Umar Farooq, Adv.
V/s
UT of JK and Ors.
... Respondent(s)
Through: Mr. Z. A. Shah, Sr. Advocate
with Mr. A. Hanan, Advocate
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
ORDER
16.09.2020 Registry has inadvertently listed this matter for consideration, when as a matter of fact, the matter stands already transferred to Central Administrative Tribunal, Jammu Bench, in terms of order dated 01.09.2020. The inadvertence made may be under the impressions that there is a direction passed by the Division Bench.
Needless to mention that the Division Bench disposed of the appeal filed against the interim direction passed in the writ petition by mentioning that the Letters Patent Appeal is not maintainable with liberty to petitioner to approach the writ Court for seeking modification of order.
Since the matter has already been transferred to the Central Administrative Tribunal, Jammu Bench for disposal, therefore, it has become necessary to direct the CAT, that while deciding the matter keeping in mind the orders passed by the Division Bench in LPA No. 102/2020, in terms whereof the Division Bench, while disposing of the said Letters Patent Appeal, had asked the Single Bench, to consider the matter effectively on the next date of hearing.
In view of above, the proceedings shall stand closed and the matter shall be transferred immediately to the Central Administrative Tribunal, Jammu Bench for early disposal.
When this matter was being considered, Mr. Z. A. Shah, Sr. counsel appearing for private respondents, submits that urgency involved in the matter qua pendency of the writ petition and grant of interim orders, has formed a ground for the respondents to approach the Division Bench and the direction of the Division Bench for early disposal have become ineffective as the matter was directed to be taken up by the CAT, Jammu Bench on 31.12.2020.
Needless to mention that the Division Bench order was not brought to the notice of the Court at the time of transferring the writ petition to CAT, viz 01.09.2020, therefore, the matter was directed to be taken up by the CAT on 31.12.2020.
Keeping in view the direction passed by the Division Bench for early disposal of the writ petition, it has become necessary to recall the direction passed on 01.09.2020 to the extent for taking up the matter on 31.12.2020 and while recalling the order the parties are directed to appear before the Registrar, Central Administrative Tribunal (CAT), Jammu Bench on 7 th October, 2020 and the CAT, is directed to expedite the disposal if not on the next date then by the end of October, 2020.
(Ali Mohammad Magrey) Judge Srinagar 16.09.2020 Mohammad Yasin Dar MOHAMMAD YASIN DAR 2020.09.15 22:29 I attest to the accuracy and integrity of this document