BANSI LAL AND ORS v. UT OF J AND K TH ITS COMMISSIONER SECRETARY DEPARTMENT OF REVENUE CIVIL SECRETARIAT JAMMU AND ORS
LPA/52/2025 · 2025-03-19
Ma Chowdhary
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 2607 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 2607 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
LPA No.52/2025 in WP(C) No.91/2023 CM No.1612/2025
1. Bansi Lal, Age 65 years
2. Mohan Lal, Age 58 years
3. Ashok Kumar, Age 49 years All sons of Jagat Ram
4. Santosh Kumari, Age 52 years W/o Late Sh. Soba Ram All residents of Chowki Choura, Tehsil Chowki Choura, District Jammu.
….Petitioner(s)/Appellant(s)
Through :- Mr. Mohinder Kumar, Advocate.
Versus
1. Union Territory of Jammu and Kashmir through its Commissioner/Secretary, Department of Revenue, Civil Secretariat, Jammu.
2. The Collector Deputy Commissioner, Jammu.
3. The Tehsildar, Chowki Choura, District Jammu.
….Respondent(s)
Through :- Ms. Monika Kohli, Sr. AAG.
CORAM:
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER 19.03.2025
1. Mr. Mohinder Kumar, learned counsel appearing on behalf of the appellants submits at the Bar that in the writ petition filed by the writ petitioners (appellants herein), the writ Court has granted ad interim direction dated 14.02.2023 and stayed the operation of Order No. DCJ/SQ/Illegal entries-SL/2020-21/803-07 dated 07.08.2020 passed by respondent Nos. 2&3, however, vide order dated 28.02.2025 the main petition has been disposed of without hearing the petitioners. Sr. No. 07
2 LPA No.52/2025
2. It is further submitted that the appellants herein have challenged the
order impugned dated 28.02.2025 passed by learned Single Judge in WP(C) No.91/2023 precisely on the ground that the learned Single Judge has decided the matter without hearing the writ petitioners, appellants herein.
3. It is prayed by learned counsel for the appellants that the writ petition may be heard again after providing adequate opportunity of hearing to
learned counsel for the parties and in this regard, the learned Single Judge may be requested to reconsider and decide the matter afresh.
4. A perusal of order impugned reveals that the writ petition has been
disposed of in absence of the petitioners’ counsel, therefore, we deem it appropriate to dispose of this appeal at its threshold and as such, the same is
disposed of, by directing the learned counsel for the writ petitioners-appellants herein to lay motion before the writ Court for recalling impugned order dated 28.02.2025 within one week from today. In the event, such an application is moved by the writ petitioners, we request the learned Single Judge to hear
learned counsel for the parties and consider the matter freshly.
5. Till then, the interim direction dated 14.02.2023 passed in the writ petition shall remain in force.
6.
Disposed of as above along with connected application.
Jammu: 19.03.2025 Surinder
( (MA Chowdhary) Judge
) (Tashi Rabstan) Chief Justice
Whether the order is speaking?
Yes/No
Whether the order is reportable? Yes/No Surinder Kumar 2025.03.20 13:17 I attest to the accuracy and integrity of this document