Jammu and Kashmir High Court
LPA/148/2022 of BINDU SINGH JAMWAL Vs U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS on 31 December 2022
OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 148/2022 CM No. 7953/2022 Bindu Singh Jamwal …..Appellant(s)/Petitioner(s) Through: Mr. G. S. Thakur, Advocate q vs UT of J&K and ors. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE
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Conclusion
HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
LPA No. 148/2022
…..Appellant(s)/Petitioner(s)
Bindu Singh Jamwal
Through: Mr. G. S. Thakur, Advocate
q
vs
.…. Respondent(s)
UT of J&K and ors.
Through: Mrs. Monika Kohli, Sr. AAG
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
The writ court vide its order/judgment dated 20.12.2022 has dismissed the writ petition filed by the appellant whereby, the appellant had impugned the order dated 13.08.2022 by virtue of which interim order issued by respondent No. 2 dated 23.07.2022 was vacated on the ground that the appellant could have resorted to the equally efficacious remedy as available under law.
Mr. G. S. Thakur, learned counsel for the appellant submits that the appellant was not heard as neither the counsel nor the appellant was present on 13.08.2022 before respondent No. 2.
In view of this, we deem it proper to dispose of the present appeal by permitting the appellant to lay a motion before respondent No. 2 for recalling/modification of the order dated 13.08.2022. More particularly in view of the fact that the learned writ court has dismissed the writ petition on the ground that alternative remedy is available to the appellant, the appellant is directed to approach respondent No. 2 for modification/recalling of order dated 13.08.2022 within a period of seven days from today and till then, status quo as it exists today shall be maintained on spot.
(PUNEET GUPTA) (RAJNESH OSWAL) JUDGE JUDGE
Jammu 31.12.2022 Neha