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2025 DAILYLAW 2362 (JK)

DAVINDER KUMAR v. UT OF J AND K TH PRINCIPAL SECRETARY AGRICULTURE PRODUCTION DEPARTMENT JAMMU AND ANOTHER

WP(C)/488/2025 · 2025-03-03

Ma Chowdhary

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.488/2025 CM No.1166/2025 Cav No.432/2025 Dr. Davinder Kumar Bhagat, aged 59 years S/o Sh. Charan Dass Bhagat R/o Village Dranga Tehsil and District Doda. ….Petitioner(s)/Appellant(s) Through :- Mr. Arshad Majid Malik, Advocate. Versus 1. The Union Territory of Jammu and Kashmir through its Principal Secretary, to the government, Agriculture Production Department, Civil Secretariat, Jammu/Srinagar-180001. 2. Dr. Tariq Parvaiz, S/o Sh. Alla Ditta R/o Nagri Doda Tehsil and District Doda-182202. ….Respondent(s) Through :- Mr. Achal Sharma, Advocate for caveator (R-2). CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 03.03.2025 Cav No.432/2025 With the appearance of Mr. Achal Sharma, learned counsel for the caveator, Caveat stands discharged. WP(C) No.488/2025 1. Instant petition has been filed by the writ petitioner against the interim order dated 20.02.2025 passed by the Central Administrative Tribunal, Jammu Bench, Jammu, (hereinafter referred to as „Tribunal’) in OA No.126/2025 titled “Dr. Tariq Parvaiz and others vs. Agriculture Production Department and others”. Sr. No.30 2 WP(C) No.488/2025 2. A bare perusal of order impugned dated 20.02.2025 reveals that the Tribunal after putting the respondents to notice had stayed government order impugned before it bearing No.65-JK(APD) of 2025 dated 31.01.2025 till next date of hearing i.e., 20.03.2025 and directed the Principal Secretary to Government, Agriculture Production Department (respondent No.1) represented by Mr. Dewakar Sharma, learned Deputy Advocate General, to file objections by 20.03.2025. 3. Since the operation of order impugned before the Tribunal has been stayed till next date of hearing only awaiting objections of the respondents, therefore, we are not inclined to interfere with the order impugned herein passed by the Tribunal. 4. Accordingly, this petition is, disposed of, by providing that the writ petitioner herein, shall file his response before the Tribunal in the main application as well as in the interim application. He shall be also at liberty to lay a motion for modification/alteration/recalling order dated 20.02.2025 before the Tribunal. In the event, such an application or response is filed by the petitioners herein, we request the Tribunal to consider the main OA as well the interim application freshly, strictly under rules, on the basis of pleadings/material available on record. 5. Disposed of as above along with connected application. Jammu: 03.03.2025 Surinder ( (MA Chowdhary) Judge ) (Tashi Rabstan) Chief Justice Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No Surinder Kumar 2025.03.04 16:12 I attest to the accuracy and integrity of this document