HARISH GULATI TH ATUL GUPTA v. JAMMU DEVELOPMENT AUTHORITY JAMMU TH ITS SECRETARY AND OTHERS
RP/62/2023 · 2025-10-28
Rahul Bharti
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10142 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10142 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case No.:- RP No. 62/2023 in OWP No. 844/2011
Harish Gulati
…..Petitioner(s)
Through: Mrs. Veenu Gupta, Advocate.
Vs
Jammu Development Authority and ors.
.…. Respondent(s)
Through: Mr. Adarsh Sharma, Advocate.
Coram:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER 28.10.2025
1. This Court came to dispose of a writ petition-OWP No. 844/2011 by virtue of an order dated 14.12.2022.
2. The institution of the said writ petition by the petitioner-Sh. Harish Gulati was through an attorney holder-Sh. Atul Gupta.
3. This Court, in terms of an order dated 14.12.2022, came to point out serious deficiencies with respect to an Irrevocable General Power of Attorney dated 06.06.2011 holding that the recitals made in the said Irrevocable General Power of Attorney are contrary to the factual situation, which is being set up in the writ petition. Sr. No. 14
2 RP No. 62/2023
4. The petitioner came forward with the present review petition filed again through attorney holder-Sh. Atul Gupta by use of the very same Irrevocable General Power of Attorney dated 06.06.2011 with respect to which this Court came to make reference in an order dated 01.08.2025 about the deficiency/ies obtaining in the attorney to be used for the purpose of maintaining the review petition.
5. Through the medium of application-CM No. 6829/2025, Special Power of Attorney dated 24.09.2025 has come to be produced by the petitioner thereby validating the acts of representation by Sh. Atul Gupta as attorney of the petitioner in the matter of maintaining the present review petition.
6. For the reasons set out in the review petition, this Court is inclined to accept the review petition and recall the order dated 14.12.2022 whereby the writ petition-OWP No. 844/2011 was disposed of.
7. This Court is of the observation that the deficiency of the Irrevocable General Power of Attorney dated 06.06.2011 had played its persuasive part in urging this Court to pass the
order dated 14.12.2022, which has now been taken care of by the execution of a fresh Special Power of Attorney dated 24.09.2025, entitling the petitioner to have adjudication of the writ petition on its merits.
3 RP No. 62/2023
8. Accordingly, the writ petition-OWP No. 844/2011 is restored to its original number for adjudication on merits.
9.
Disposed of.
(RAHUL BHARTI) JUDGE JAMMU
28.10.2025
Naresh/Secy.
Naresh Kumar 2025.10.30 11:53