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2025 DAILYLAW 1593 (JK)

ASTHAAN BUA DAATI v. STATE TH.REVNUE DEPTT. AND ORS.

OWP/167/2005 · 2025-08-30

Sanjeev Kumar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 167/2005 Asthaan Bua Daati …..Appellant(s)/Petitioner(s) Through: Mr. Neeraj Verma, Advocate vs State of J&K & Ors. .…. Respondent(s) Through: Ms. Sageera Jaffar, assisting counsel to Ms. Monika Kholi, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER(ORAL) 30.08.2025 Sanjeev Kumar ‘J’ 1. This petition, seeking various reliefs against the respondents, was filed in the year 2005 by Asthaan Bua Daati (Idol) through its sole trustee/chairman Sh. Sat Paul Saini. The sole trustee died during the pendency of this petition a long back, but nobody came forward in his place to continue the petition. 2. Having regard to the nature of case set up and the capacity in which Late Sh. Sat Paul Saini has filed this petition of Asthaan Bua Daati (Idol), as its sole trustee, the legal heirs, who may be entitled to succeed to the estate of Sh. Sat Paul Saini, may not be the persons competent to continue this petition on behalf of the trust. 3. Though, this Court is not inclined to grant any further time to move an application for substitution, that too, to a counsel, who ceased to represent the petitioner in this case and has no instructions from anybody else. Be that as it may, in view of the death of the sole trustee, this petition has abated and cannot proceed. Serial No. 02 2 OWP No. 167/2005 4. Accordingly, this petition is dismissed. It is, however, clarified that dismissal of this petition shall not come in the way of any person claiming to be the sole trustee or chairman of the temple committee of Asthaan Bua Daati (Idol) to raise his/her grievance before this Court by filing a fresh petition. (Sanjeev Kumar) Judge Jammu 30.08.2025 Vishal Sharma Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No