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High Court of Jammu and Kashmir · body

2017 DAILYLAW 1402 (JK)

YASMEEN AKHTER v. STATE OF JK AND OTHERS (SOCIAL WELFARE)

OWP/484/2017 · 2026-07-03

Rahul Bharti

body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR OWP 484/2017 c/w i)CCP 31/2025. Yasmeen Akhter. …Applicant(s)/Petitioner(s) Through: Mr. Mian Tufail, Advocate. VERSUS State Of JK And Others. …Respondent(s) Through: Mr. T. A. Lone, Dy AG. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE. ORDER 03.07.2026 01. Learned counsel for the petitioner seeks withdrawal of the writ petition considering the fact that it has remained pending on the docket of this Court for the last more than eight years and has served no purpose for the petitioner, who is the plaintiff in a civil suit on File No. 104/Numbri dated 16.02.2009. 02. In the said suit, the petitioner is seeking a declaration to upset the selection list of Anganwari Workers issued by the Child Development Project Officer (ICDS) Khansahab and the District Social Welfare Officer, Budgam which led to the engagement of respondent No. 6- Nayeema Akhter, who is defendant No. 6 in the suit. 03. The petitioner, as plaintiff, is pursuing the civil suit whereas the present petition filed by the petitioner was, in effect, as if chasing a mirage. 03 Regular 04. Accordingly, the present petition is dismissed as withdrawn. 05. The trial court is directed to proceed ahead with the civil suit and, in case issues have not been framed as on date, the same be framed including an issue regarding the maintainability of the civil suit and adjudication thereupon be carried out without wastage of time. 06. Accordingly, OWP No. 484/2017 and CCP No. 31/2025 stands dismissed as withdrawn. 07. This Court only needs to say that Civil Procedure Code, 1908 is the best guide for the civil courts to proceed in accordance therewith in connection with the adjudication of civil suit/s. (RAHUL BHARTI) JUDGE SRINAGAR 03.07.2026 Bisma Jan.