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2025 DAILYLAW 11313 (JK)

ABDUL GANI AND OTHERS v. STATE OF JK AND OTHERS OWP/341/1998

CONOW/213/2016 · 2025-02-04

Rahul Bharti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 04 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CONOW 213/2016 in[OWP 341/1998] CM(2130/2023) CM(2131/2023) ABDUL GANI AND OTHERS …Petitioner(s)/Appellant(s) Through: Mr. Mujeeb Andrabi, Advocate Vs STATE OF JK AND OTHERS ...Respondent(s) Through: Mr. Furkaan Sofi, GA CORAM: HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE ORDER 04.02.2025 1. Writ petition OWP No. 341/1998 suffered dismissal for non-prosecution in terms of an order dated 27.04.2016. Said writ petition was originally filed by three petitioners, while the petitioner No. 02- Ghulam Mohammad suffered demise which resulted in bringing on record his legal representatives in his place. 2. Application seeking restoration of the said writ petition came to be preferred beyond time and was accompanied by a condonation of delay application filed on 03.11.2016 involving delay of almost six months. 3. During pendency of the condonation of delay application, even some of the applicants demised as a result whereof the application for bringing on record their legal representatives also came to be preferred. 4. Be that as it may, application for restoration has taken more than 09 years waiting to get disposal. 5. For the reasons stated in the application for condonation of delay, the same is allowed and the restoration application is taken on record. 6. Since this Court has condoned the delay, as such, the reasons cited in the application for restoration of the writ petition is identically placed as in condonation of delay application as such the same also warrants to be accepted and allowed. 7. Accordingly, restoration application is allowed and the writ petition OWP No. 341/1998 is restored to its original number subject to payment of costs of Rs. 10,000/-. 8. The cost to be deposited in the Muskan, Home for Mentally Challenged Children, Channi Rama, Jammu bearing Account No. 30004052258 by the petitioners within a period of one month without fail. Deposit of costs within time is a condition for re-listing of the writ petition failing which the writ petition shall stay in the state of dismissal. As and when the costs are deposited, the writ petition shall be listed. (RAHUL BHARTI) JUDGE SRINAGAR 04.02.2025 AAMIR