Jammu & Kashmir High Court - Srinagar Bench
Tahir Majeed Baba vs Union Territory Of Jk & Ors on 11 October, 2021
Bench: Chief Justice, Vinod Chatterji Koul
S. No. 40
Suppl. List. 1
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA No. 126/2021
Tahir Majeed Baba ...Petitioner(s)
Through: Mr. Shuja-ul-Haq, Adv.
Vs.
Union Territory of JK & Ors. ...Respondent(s)
Through: Mr. Shah Aamir, AAG for R-1
Mr. M. A. Qayoom, Adv. with Mr. Mian Tufail, Adv. for R-5
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
11.10.2021
1. Heard learned counsel for the parties.
2. The appellant has preferred this appeal against the order dated 5 th October 2021 passed by the writ court in WP(C) No. 1997/2021 Parveez Ahmad Baba vs. Union Territory of JK & Ors.
3. A perusal of the impugned order reveals that the writ court in entertaining the writ petition as well as the civil miscellaneous application has directed for issuance of notice on both of them fixing 21st October 2021 as the next date of hearing. In the meantime, the respondent No. 5 i.e., the appellant herein has been directed not to cause any sort of interference in the smooth running of restaurant SAMCI by the petitioner-respondent No. 5 herein.
4. A bare perusal of the aforesaid order would reveal that it is an interlocutory order directing for protecting the interest of the petitioner/respondent No. 5 during the pendency of the writ petition.
5. The writ court has not decided any substantive rights of the parties by the said order. The writ petition has not been decided finally nor the civil miscellaneous application. There are plethora of precedents on the MOHAMMAD ALTAF NIMA 2021.10.12 10:23 LPA I attest to the No.and accuracy 126/2021 Page 1 of 2 integrity of this document subject that such interim orders are simply interlocutory orders and are not judgments against which an appeal under the Letters Patent would lie.
6. The submission of learned counsel for the appellant is that the aforesaid order ousts the appellant from the business affecting his livelihood and that where serious questions of such a nature are involved, the appeal is not prohibited.
7. The submission is completely devoid of merit inasmuch as the appellant herein can file objection to the writ petition and even ask for the vacation of the interim order passed in the writ petition, contending all that he is arguing and raising before the appellant court.
8. In view of the aforesaid facts and circumstances, since the appeal is directed against an interim order pending a writ petition, we are of the view that the appeal is not maintainable. The appellant can file response in the writ petition and get it decided by taking all grounds that are open to him in law and it is expected that the writ court would proceed and decide the writ petition most expeditiously.
9. The appeal is accordingly disposed of.
(VINOD CHATTERJI KOUL) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
SRINAGAR
11.10.2021
Altaf
MOHAMMAD ALTAF NIMA
2021.10.12 10:23
LPA
I attest to the No.and
accuracy 126/2021 Page 2 of 2
integrity of this document