Jammu and Kashmir High Court

TrP (C)/28/2019 of TSERING MOTUP Vs STATE TH.REVENUE DEPTT.AND ORS. on 30 December 2022

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JAMMU & KASHMIR AND LADAKH AT JAMMU TrP(C) No.28/2019 Tsering Motup ….Petitioner(s)/Appellant(s) Through :- Mr. J.A Hamal and Ms. Diksha Handoo, Advocates. Versus State of J&K and others ….Respondent(s) Through :- Mr. Vishal Sharma, DSGI for R-2 to 4. Coram: HON’BLE

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

TrP(C) No.28/2019

Tsering Motup

….Petitioner(s)/Appellant(s)

Through :- Mr. J.A Hamal and Ms. Diksha Handoo, Advocates.

Versus

State of J&K and others

….Respondent(s)

Through :- Mr. Vishal Sharma, DSGI for R-2 to 4.

Coram: HON’BLE THE CHIEF JUSTICE (ACTING)

ORDER 30.12.2022

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1. Instant transfer application has been moved by the applicant-petitioner seeking transfer of OWP No.2423/2018title ‘Tsering Motup vs. State and others’, from Srinagar Wing to Jammu Wing of this Court on the strength of the averments made in it.

2. The petitioner and the private respondents are residents of Leh district of Union Territory of Ladakh.

3. It is contended in this transfer application that initially the aforesaid writ petition was filed by the petitioner in Jammu Wing after obtaining permission from Hon’ble the Chief Justice in terms of Circular No.06 dated 18.12.2010. However, later on, in compliance of judgment dated 29.11.2018 passed in CTA No. 38/2018 title ‘Kalwant Singh Johal and others vs. ’Mrs.Masooda Jabeen and others, the petition bearing OWP No.2423/2018 was transferred to the Srinagar Wing of this Court.

2 TrP(C) No.28/2019

4. It is submitted by Mr. J.A Hamal, learned counsel appearing applicant/petitioner that the petitioner and private respondent Nos. 6 to 12 belong to Leh district of Union Territory of Ladakh and the private respondents are not appearing in the petition bearing OWP No.2423/2018 before the Court in Srinagar Wing. He prays that in terms of Circular No.104 dated 14.03.2019, the petition i.e., OWP No.2423/2018 is required to be transferred in this Wing of the Court.

5. Heard learned counsel appearing for the applicant-petitioner and considered the matter.

6. The Circular No.104 dated 14.03.2019, issued by Registrar General, High Court of Jammu and Kashmir has been referred to by learned counsel for the petitioner. On going through the same, it transpires that Hon’ble the Chief Justice had directed that cases of all nature relating to Leh district of Ladakh Division shall be filed, heard and decided in Jammu Wing. It was also directed in terms of aforesaid Circular that the matter relating to Kargil district of the Ladakh Division shall be filed, heard and decided in Srinagar Wing.

7. As per the report of the Registry, notices to private respondent Nos. 6 to 12 in this transfer application were issued through registered post on 21.12.2020, however, the same were not received back served or un-served and no one has caused appearance on their behalf.

8. In the given circumstances and in light of Circular No.06 dated 18.12.2010 issued by the Registrar General, High Court of Jammu and Kashmir this transfer application is allowed by directing the Registrar Judicial, Srinagar Wing to transmit entire record of OWP No.2423/2018 ‘Tsering Motup vs. State and others’, to the Registry of this Wing. Upon receiving, the Registrar Judicial, Jammu shall issue notice to the parties afresh for appearance on a date to be fixed by the Registry.

9. The application stands disposed of accordingly.

10. The Registry shall communicate a copy of this order to the Registrar Judicial, High Court of Jammu and Kashmir and Ladakh, Srinagar forthwith.

Jammu: 30.12.2022Surinder

(Tashi Rabstan) Chief Justice (Acting)

Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No

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