PREM NATH v. J AND K SPECIAL TRIBUNAL TH ITS CHAIRMAN AND OTHERS
WP(C)/599/2025 · 2025-03-12
Sindhu Sharma
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 14122 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 14122 (JK) · dailylaw.ai ]
Judgment text
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Sr. No. 1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 599/2025
Prem Nath …. Petitioner/Appellant(s)
Through:- Mr. G.S. Thakur, Advocate.
V/s
UT of J&K and others …..Respondent(s)
Through:- Mr. Amit Gupta, Advocate
CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER 12.03.2025
1. Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, seeking quashing of order dated 06.02.2025, passed by the Tribunal in File No. STJ/192/2024 titled
“Prem Nath Vs Custodian Evacuee Property Jammu and others”, whereby, the interim order dated 09.12.2024 came to be vacated.
2. Learned counsel for the petitioner submits that the impugned order has been passed without affording an opportunity of hearing to the petitioner, thereby, violating principles of natural justice. It is submitted that the revision petition filed by the petitioner was earlier entertained, and an interim direction for maintenance of status quo on spot was passed on 09.12.2024. However, without hearing the petitioner, the said interim direction was vacated on 06.02.2025, on the ground of alleged suppression of facts, without any specific finding as to what was suppressed.
3. It is further submitted that the revision petition was based on earlier proceedings which culminated in a compromise and order dated
WP(C) No. 599/2025
18.09.1999 was passed by the Custodian General, thereby, concluding the dispute between the parties. It is alleged that the subsequent proceedings initiated by the private respondents under Section 8 of the Evacuee Property Act are not maintainable, as the issue regarding partition stood adjudicated.
4. Having considered the submissions made and the material placed on record, and without expressing any opinion on the merits of the case, this Court is of the view that the order dated 06.02.2025 has been passed in violation of the principles of natural justice and deserves to be set aside on that ground alone.
5. Accordingly, the writ petition is allowed. The impugned order dated 06.02.2025 passed in File No. STJ/192/2024 is set aside. The interim direction dated 09.12.2024 shall remain in force till appropriate orders are passed by the Tribunal in the revision petition pending before it in accordance with law.
6. Disposed of accordingly.
(SINDHU SHARMA) JUDGE
Jammu: 12.03.2025 Vishal Khajuria