Jammu and Kashmir High Court
LPA/341/2019 of ARIF MOHAMMAD IQBAL AND ORS. Vs UNION TERRITORY OF J AND K AND ORS. (PUBLIC WORKS DEPARTMENT) on 31 December 2019
No. 9 Advance List HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR LPA No. 341/2019 CM No. 7849/2019 Caveat No. 2304/2019 Arif Mohammad Iqbal & others ….Appellant(s) Through:- Mr. Shuja-ul-Haq, Advocate V/s Union Territory of Jammu and Kashmir & others ....Respondent(s) Through:- Mr. M.
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
LPA No. 341/2019
CM No. 7849/2019
Caveat No. 2304/2019
Arif Mohammad Iqbal & others
….Appellant(s)
Through:- Mr. Shuja-ul-Haq, Advocate V/s Union Territory of Jammu ....Respondent(s) and Kashmir & others Through:- Mr. M. A. Chashoo, AAG Mrs. Asma, Advocate for caveator.
HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
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ORDER
01. The present Letters Patent Appeal has been preferred against the order of learned Single Judge dated 20.12.2019 passed in WP(C) No. 3694/2019. of learned Single Judge dated 20.12.2019 passed in WP(C) No. 3694/2019.
The present Letters Patent Appeal has been preferred against the order
02. Appellants are aggrieved of order dated 20.12.2019 vide which Order No. 521-PW(R&B) of 2019 dated 06.12.2019 transferring and posting the appellants on new place of posting has been stayed. 521-PW(R&B) of 2019 dated 06.12.2019 transferring and posting the appellants on new place of posting has been stayed.
03. Learned counsel for the caveator submits that order dated 06.12.2019 was passed in violation of the orders of this Court in WP(C) No. 3230/2019 dated 04.11.2019, therefore, the same was assailed in writ petition, and the passed in violation of the orders of this Court in WP(C) No. 3230/2019 dated 04.11.2019, therefore, the same was assailed in writ petition, and the learned Writ Court vide its order dated 20.12.2019 was pleased to order as under:
“Meanwhile, subject to objections of other side and till next date of hearing before the Bench, the impugned order shall stay.”date of hearing before the Bench, the impugned order shall stay.”
04. It is stated that the writ petition is still pending and is yet to be finally adjudicated upon. Since order dated 20.12.2019 is subject to objections, therefore, the appellant may seek vacation/modification of the order. adjudicated upon. Since order dated 20.12.2019 is subject to objections, therefore, the appellant may seek vacation/modification of the order.
05. Thus, the above order does not prejudice the rights of parties, which are yet to be considered finally. to be considered finally.
06. In view of the aforesaid facts, we are not inclined to interfere with the order passed by the learned Writ Court. The present appeal is found to be without any merit and is, accordingly, dismissed along with connected CM(s). The appellants may approach the Writ Court for vacation or modification of the passed by the learned Writ Court. The present appeal is found to be without any merit and is, accordingly, dismissed along with connected CM(s). The appellants may approach the Writ Court for vacation or modification of the order. In the event of their approaching the Writ Court by filing an application for the same, the Writ Court is requested to consider the same application for the same, the Writ Court is requested to consider the same expeditiously.
07. Caveat No. 2304/2019 shall stand discharged.
(Sindhu Sharma) (Dhiraj Singh Thakur) Judge Judge SRINAGAR 31.12.2019 Pawan Chopra Whether the order is speaking : Yes Whether the order is reportable : No