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High Court of Jammu and Kashmir · body

2025 DAILYLAW 13220 (JK)

RAKESH KUMAR CHOUDHARY v. SH.RESHPAL SINGH (CUSTODIAN GENERAL) AND ANR

CCP(S)/484/2024 · 2025-04-24

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) No. 484/2024 in WP(C) No. 1941/2024 c/w WP(C) No. 1863/2024 WP(C) No. 1941/2024 Rakesh Kumar Choudhary …..Appellant(s)/Petitioner(s) Through: Mr. A. H. Naik, Sr. Advocate with Mr. Shabir Ahmad, Advocate Mr. Parimoksh Seth, Advocate vice Mr. Sunil Sethi, Sr. Advocate Vs Reshpal Singh (Custodian General) and another .…. Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 24.04.2025 WP(C) No. 1863/2024 Shoba Rani Vs UT of J&K and others 01. The institution of this writ petition came to take place on 20.08.2024. 02. In terms of an order dated 21.08.2024, the Court came to decline interim relief as sought for by the petitioner in her CM No. 5029/2024 seeking stay of operation of the impugned order dated 17.08.2024 issued by the Custodian, Evacuee Property Kashmir, Srinagar addressed to the District Field Inspector, Serial No. 152 2 CCP(S) No. 484/2024 in WP(C) No. 1941/2024 c/w WP(C) No. 1863/2024 WP(C) No. 1941/2024 Srinagar on the subject of sealing of container at Boulevard Road, Srinagar which was being meant to serve as a liquor vend on the basis of a licence No. 110/JKEL-2/e-auction ID 2836/2024-25 dated 04.03.2024 held by her. 03. Due to the fact that said licence of the petitioner has come to expire by the efflux of time, as such, the petitioner submits that the writ petition is rendered infructuous and may be dismissed without prejudice to the right of the petitioner to file a fresh writ petition in the event of a fresh cause of action accruing to her. 04. Dismissed as withdrawn with liberty granted. WP(C) No. 1941/2024 Rakesh Kumar Choudhary Vs UT of J&K and others 05. The institution of this writ petition came to take place on 28.08.2024 whereby the petitioner sought quashment of an Order No. CEPS/LS/689-93 dated 17.08.2024 issued by the Custodian, Evacuee Property Kashmir, Srinagar on the subject of sealing of container at Boulevard Road, Srinagar which was meant to be used as a liquor vend by Smt. Shoba Rani, located at the site held by the petitioner as holder of car parking space measuring 4 kanal at Tang Bagh Boulevard, Srinagar which being the evacuee property. The petitioner is holding the allotment of 3 CCP(S) No. 484/2024 in WP(C) No. 1941/2024 c/w WP(C) No. 1863/2024 WP(C) No. 1941/2024 the said car parking space with effect from 02.07.2024 to 01.07.2025 having made a bid for allotment for an amount of Rs. 83 lacs. 06. With the efflux of time, the cause of action for the petitioner to come forward with the writ petition in questioning the Order No. CEPS/LS/689-93 dated 17.08.2024 of the Custodian, Evacuee Property Kashmir, Srinagar has been rendered infructuous, as such, the writ petition is dismissed with liberty granted to the petitioner to file a fresh writ petition in the event of fresh cause of action accruing to him. 07. Dismissed as withdrawn with liberty granted. CCP(S) No. 484/2024 in WP(C) No. 1941/2024 Rakesh Kumar Choudhary Vs Reshpal Singh (Custodian General) and another. 08. Upon the dismissal of the writ petition WP(C) No. 1941/2024, the present contempt petition is also rendered infructuous. Hence dismissed. (RAHUL BHARTI) JUDGE SRINAGAR 24.04.2025 Muneesh