Jammu & Kashmir High Court
Jagdev Singh vs State And Ors. on 8 September, 2017
Bench: Alok Aradhe, B. S. Walia
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
LPASW No. 81/2017
MP No. 01/2017
Caveat No. 2445/2017
Date of order: 08.09.2017
Jagdev Singh vs. State and ors.
Coram:
Hon'ble Mr Justice Alok Aradhe, Judge
Hon'ble Mr Justice B. S. Walia, Judge
Appearing counsel:
For Petitioner/appellant(s) : Mr. G. S. Thakur, Advocate
For respondent /Caveator(s): Mr. Rajnesh Oswal, Advocate for R 6 & 7
In this Intra Court Appeal, the appellant has assailed the validity of order dated 14.07.2017, by which the writ petition preferred by the appellant has been dismissed.
When the matter was taken up today, learned counsel for the appellant submitted that even though respondents No. 3 held an enquiry behind back of the appellant yet respondent No. 4 had afforded opportunity of hearing to the appellant. It is further submitted that order of cancellation passed by respondent No. 4 is based on the recommendations of respondent No. 3. The aforesaid plea was though taken in the writ petition, however, the same has not been considered by the learned Single Judge.
In view of the submissions made and in view of the law laid down by the Supreme Court in the case of State Of Maharashtra vs Ramdas Shrinivas Nayak & Anr AIR 1992 SC 1249, the appropriate remedy for the appellant is to file application for review before the Single Judge. Accordingly, this appeal is disposed of with a liberty to the appellant to file review petition, if so advised.
LPAOW No. 81 of 2017 Page 1 of 2Needless to state that the appellant shall be entitled to the benefit of the principle contained in Section 14 of the Limitation Act, 1995.
Caveat shall stand discharged.
(B. S. Walia ) (Alok Aradhe)
Judge Judge
Jammu
08.09.2017
Karam Chand
LPAOW No. 81 of 2017 Page 2 of 2