Jammu and Kashmir High Court
WP(C)/2880/2022 of ASHISH KUMAR Vs U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS on 31 December 2022
60 Supp. List-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2880/2022 CM No. 7976/2022 Ashish Kumar …. Petitioner/Appellant(s) Through:- Mr. Ajay Bakshi, Advocate with Mr. Ankush Sharma, Advocate. V/s UT of J&K and others …..Respondent(s) Through:- Mrs.
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Sr. No. 60 Supp. List-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2880/2022
CM No. 7976/2022
Ashish Kumar
…. Petitioner/Appellant(s)
Through:- Mr. Ajay Bakshi, Advocate with Mr. Ankush Sharma, Advocate.
V/s
UT of J&K and others
…..Respondent(s)
Through:- Mrs. Monika Kohli, Sr. AAG.
CORAM : HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER
The petitioner has inter alia called in question the order of respondent No. 3-Additional Deputy Commissioner, Nowshera, District Rajouri, dated 10.10.2022 whereby he has kept the order of Tehsildar, Nowshera dated 14.07.2022 in abeyance.
Learned counsel for the petitioner submits that because of interim directions passed by the Additional Deputy Commissioner, Nowshera, the petitioner is not in a position to use the only pathway leading to the petitioner’s school in village Dharat, Tehsil Nowshera.
Heard learned counsel for the petitioner and perused the record.
As the order impugned is only an interim order subject to modification, vacation and variation on motion by the petitioner, as such, this petition, on that count, is not maintainable and the same is, accordingly, disposed of by directing respondent No. 3 to either consider the modification, vacation and variation on motion of the interim order dated 14.07.2022 or else dispose of the main matter on merits in a time bound manner. The petitioner shall appear before respondent No. 3-Additional Deputy Commissioner, Nowshera and submit his objections along with requisite record within a period of two weeks from today.
Let a decision in the matter be taken by respondent No. 3-Additional Deputy Commissioner, Nowshera, having regard to the stand of the parties and also after taking into consideration the available record, within a period of six weeks from the date a copy of this order is served upon him.
Disposed of.
(Sanjeev Kumar) Judge
Jammu31.12.2022 Michal Sharma