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2025 DAILYLAW 13131 (JK)

SHABIR AHMAD ITOO AND ORS. v. MANZOOR AHMAD MAGREY AND ORS. (ROAD TRANSPORT AND HIGHWAYS)

LPA/46/2025 · 2025-03-24

Mohd Yousuf Wani, Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

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03 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 1267/2025 In LPA No. 46/2025 CM No. 1268/2025 Caveat No. 352/2025 Shabir Ahmad Itoo and Ors. ….. Appellant (s) Through: Mr. Syed Sajad Geelani, Adv. V/s Manzoor Ahmad Magray and Ors. ….. Respondent(s) Through: Mr. Rizwan ul Zaman, Adv. Ms. Rehana Qayoom, Adv. . vice Mr. T M Shamshi, DSGI for R2 to R4. Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge. Hon’ble Mr. Justice Mohd Yousuf Wani, Judge ORDER 24.03.2025 1. CM No. 1267/2025: 2. For the reasons stated in the application, the same is allowed and the delay of 16 days in filing the appeal is condoned. 3. CM disposed of. 4. LPA No. 46/2025: 5. Impugned in this intra court appeal is order dated 21.12.2024 whereby the learned writ Court has directed release of 50% of the awarded amount in favour of the respondent No. 1 subject to P a g e | 2 CM No. 1267/2025 In LPA No. 46/2025 CM No. 1268/2025 Caveat No. 352/2025 furnishing of an undertaking before the Registrar of this Court that in the event the writ petitioners in WP(C) No. 1376/2022 succeeds, he would reimburse the said amount. 6. Mr. Rizwan ul Zaman, Advocate appearing on behalf of respondent No, 1 submits that the amount stands released in favour of the respondent No. 1. 7. At this stage, learned counsel for the appellants submits that the learned writ Court in its order dated 21.12.2024 has observed that it is expected that the authority concerned shall decide the application for condonation of delay/appeal expeditiously within a period of four months. 8. Learned counsel for the petitioners and learned counsel appearing on behalf of the contesting parties have assured this Court that they would render all possible assistance to the Appellate Authority/Additional Deputy Commissioner, Anantnag for expeditious disposal of the application for condonation of delay/appeal before the expiry of four months from the order dated 21.12.2024. 9. Accordingly we dispose of the present appeal by directing the Appellate Authority/Additional Deputy Commissioner, Anantnag to dispose of the application for condonation of delay and appeal P a g e | 3 CM No. 1267/2025 In LPA No. 46/2025 CM No. 1268/2025 Caveat No. 352/2025 within a period as mentioned in the order dated 21.12.2024 and in the event either of the contesting parties cause any hindrance or seek an adjournment to avoid expeditious disposal of the appeal, the appellate authority shall proceed in accordance with law and shall also be at liberty to impose exemplary costs on the defaulting parties. 10. Disposed of as above. (Mohd Yousuf Wani) (Rajnesh Oswal) Judge Judge SRINAGAR 24.03.2025 Aasif