TARA CHAND v. U T OF J AND K TH COMMISSIONER SECRETARY FOREST ECOLOGY AND ENVIRONMENT DEPTT AND OTHERS
LPA/62/2024 · 2025-03-04
Moksha Khajuria Kazmi, Sanjeev Kumar
Writ Petition (Civil)body2025
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 24
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
LPA No. 62/2024 In WP(C) No. 396/2024
Tara Chand …. Petitioner(s)
Through:- Sachin Gupta, Advocate.
V/s
UT of J&K and Ors. …..Respondent(s)
Through:- Mr. Vivek Mattoo, Advocate vice Mr. Vishal Bharti, Dy. AG. Ms. Priyanka Bhatt, Advocate vice Ms. Monika Kohli, Sr. AAG. Mr. Rajesh Thappa, AAG.
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 04.03.2025
1. This intra court appeal is directed against an order dated 28.02.2024 passed by learned Single Judge [“the Writ Court”] in WP(C) No. 396/2024 whereby the Writ Court has disposed of the petition filed by respondent No. 8 with a direction to respondent Nos. 3 and 4 to decide the complaint filed by respondent No. 8 against the appellant.
2. The impugned judgment is assailed primarily on the ground that the Writ Court has passed the impugned judgment without issuing notice to respondent No. 8 and without providing him an opportunity of being heard.
3.
Learned counsel for the appellant submits that respondent No. 8 has a property dispute in respect of the crusher with the appellant and, therefore, has been using different forums to harass the appellant.
4. Be that as it may, the fact remains that the judgment impugned has been passed without affording an opportunity of being heard to the appellant and therefore, cannot be sustained. The appeal, therefore, is allowed and the impugned order is set aside. The matter is remanded back to the Writ Court for consideration after hearing the appellant.
5. Let writ petition be restored to its original number and listed on
04.04.2025.
2 LPA No. 62/2024
6. The appellant may file objections in the meanwhile.
(Moksha Khajuria Kazmi) (Sanjeev Kumar) Judge Judge
Jammu:
04.03.2025 Neha-1