LPA No.63/2024 1 | P a g e Sr. No.12 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court LPA No.63/2024 in WP(C) No.1999/2023 Tara Chand S/o Late Sh. Dhanui Ram R/o Village Surinsar Tehsil & District Jammu. ...APPELLANT(S) Through: - Mr. Sachin Gupta, Advocate. Vs. 1. Union Territory of J&K through Commissioner/Secretary to Government, Geology & Mining Department, J&K Jammu, AND FIVE OTHERS. ...RESPONDENT(S) Through: - Mr. Dewakar Sharma, Dy. AG. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT 13.08.2025 1) Through the medium of this intra-court appeal filed under Clause 12 of the Letters Patent, the appellant has challenged the order dated 04.08.2023 passed by learned Writ Court in WP(C) No.1999/2023 filed by respondent No.6 herein, on the ground that the impugned order has been passed without issuing notice to the appellant and without hearing him. 2) It is further contended that the respondent No.6, prior to the filing of the WP(C) No.1999/2023, had also LPA No.63/2024 2 | P a g e filed two more petition i.e. WP(C) No.48/2024 and WP(C) No.396/2024 seeking similar reliefs. WP(C) No.396/ 2024 was disposed of by the learned Writ Court in terms of order dated 28.02.2024, with a direction to the official respondents to decide the complaint claimed to have been filed by the petitioner therein (respondent No.6 herein). However, when the said order was appealed against, a Coordinate Bench of this Court, vide order dated 04.03.2025 passed in LPA No.62/2024, set aside the order and remanded the matter back to the Writ Court for consideration after hearing the appellant. 3) Despite service, respondent No.6 has not chosen to appear before this Court. She is, accordingly, set exparte. 4) Heard and perused. 5) According to learned counsel for the appellant, the respondent No.6 is using various forums to harass the appellant so as to pressurize him to settle the dispute going on between them with regard to a stone crusher. 6) Since the judgment/order under challenge has been passed without hearing the appellant herein, therefore, without going into the merits of the case, the instant appeal is allowed and the order/judgment impugned dated 04.08.2023 is set aside. The matter is remanded LPA No.63/2024 3 | P a g e back to the Writ Court for consideration after hearing the parties. 7) WP(C) No.1999/2023 is restored to its original number and be listed on 08.09.2025. In the meanwhile, the appellant may file objections, if he so chooses. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 13.08.2025 “Bhat Altaf” Whether the judgment is reportable: No Mohammad Altaf Bhat I attest to the accuracy and authenticity of this document 22.08.2025 12:05