Jammu & Kashmir High Court
Bijoy Kumar Choudhary vs Uoi And Ors on 29 November, 2017
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 02
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
LPASW No. 190/2017
MP No. 01/2017
Date of Judgment: 29.11.2017
Bijoy Kumar Choudhary vs. Union of India and ors
Coram:
Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
Hon'ble Mr Justice Sanjeev Kumar, Judge.
Appearance:
For the Appellant (s) : Mr J. S. Jasrotia, Advocate.
For the Respondent(s) : Mr Parimoksh Seth, Advocate.
i) Whether approved for reporting in Yes/No Law journals etc.:
ii) Whether approved for publication in press: Yes/No Badar Durrez Ahmed, CJ (Oral)
1. The learned counsel for the appellant has raised a solitary ground for challenging the order dated 24.05.2017. The ground is that the writ petition has been dismissed on merits without hearing the petitioner. It is his submission that, in case the petitioner was unrepresented, the petition may have been dismissed for non-prosecution but not on merits, without hearing the petitioner.
2. We have also heard the learned counsel for the respondents.
3. We agree with the learned counsel for the appellant that, non-appearance of the petitioner could have resulted in the dismissal of the writ petition in default/ non-prosecution. The same ought not to have been decided on merits without the presence of the petitioner or his counsel.
4. Consequently, the impugned order dated 24.05.2017 is set aside on this ground alone. SWP No. 339/2017 is restored before the learned Single Judge, LPASW No. 190/2017 Page 1 of 2 who shall dispose of the same on merits, in case the learned counsel for the petitioner/ appellant is present for arguments.
5. The said writ petition be listed before the learned Single Judge, as per roster, in the first instance on 06.12.2017.
6. Counsel on both sides are present and they assure this Court that they will be present before the learned Single Judge on that date.
7. We are making it clear that we have not expressed any view on the merits of the matter and it shall be entirely open to the learned Single Judge to decide the case in accordance with law.
8. The appeal stands disposed of.
(Sanjeev Kumar) (Badar Durrez Ahmed)
Judge Chief Justice
Jammu
29.11.2017
Anil Raina, Secy
LPASW No. 190/2017 Page 2 of 2