SUSHMA DEVI AND OTHERS v. U T OF J AND K TH FINANCIAL COMMISSIONER REVENUE DEPTT AND OTHERS
RP/24/2024 · 2025-05-13
Javed Iqbal Wani
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 2843 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2843 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case No. :- RP No. 24/2024 in [OWP 463/2019] CM No. 1891/2024
Sushma Devi and others ….. Appellant/Petitioner(s) Through: Mr. Abhinav Sharma, Sr. Advocate with Mr. Abhirash Sharma, Advocate Vs
Union Territory of J&K and others
.…. Respondent(s)
Through: Ms. Monika Kohli, Sr.AAG
Coram:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER 13.05.2025 CM No. 1891/2024
For the reasons stated in the application, same is allowed and the delay is condoned.
RP No. 24/2024
1. In the instant review petition, review of order dated 12.02.2024 passed in OWP No. 463/2019, is being sought, whereby the petition came to be permitted to be withdrawn by the petitioners with the direction to the Registry to release the amount deposited by the petitioners in compliance to the order dated 26.03.2019 along with interest, if any, accrued thereon.
2. According to the counsel for the petitioners, the OWP No. 463/2019 Supra came to be filed by seven petitioners and in terms of the interim order dated 26.03.2019, petitioners 4 to 7 alone deposited the deferential amount before the Registry and while seeking withdrawal of the writ petition same was allowed by this Court in terms of the order under review with the direction to the Registry for release of the said deposited amount along with interest without qualifying that the amount had been deposited by petitioners 4 to 7 alone and as Sr.No. 103
2 RP No. 24/2024
such an error crept in the order, necessitating the filing of the instant review petition by the said petitioners 4 to 7/applicants herein for allowing them to withdraw the amount deposited by them before the Registry pursuant to the direction of this Court dated 26.03.2019.
Heard counsel for the petitioners/applicants and perused the record.
3. There appears to be substance in the submissions made by the counsel for the petitioners/applicants.
4. Accordingly, the review petition is allowed and the order dated 12.02.2024 is reviewed by providing in para-5 of the said order as under:-
“5. Statement of the learned counsel for the petitioners is taken on record and consequently, under the aforesaid circumstances, the petition is permitted to be withdrawn with a direction to the Registry to release the amount deposited by the petitioners 4 to 7 in compliance to the order dated 26.03.2019 along with interest, if any, accrued thereon, upon proper verification and identification of the said petitioners 4 to 7.”
5. A copy of this order shall be placed on the record file of OWP No. 463/2019 and this order shall be deemed to be part of the order dated
12.02.2024.
Disposed of.
( (Javed Iqbal Wani) Judge Jammu 13.05.2025 Pawan Angotra
Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No
Pawan Angotra 2025.05.19 13:18 I attest to the accuracy and integrity of this document