HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CM(M) No. 2/2025 CM No. 33/2025 Nazar Sohail Age 30 years S/o Mohd Azam R/o Ward 10, Bhainchh, Tehsil Haveli District Poonch, UT J&K ….Appellant/Petitioner(s) Through :- Mr. Nissar H Ladakhi, Advocate. V/s Deputy Commissioner (Appellate Authority), Leh-Ladakh ….Respondent(s) Through :- Mr. Sumant Sudan, assisting counsel to Mr. Vishal Sharma, DSGI. Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER (ORAL) 02.01.2025 01. The petitioner, through the medium of the instant petition is seeking direction upon the respondent (Appellate Authority) to pass final order expeditiously in appeal titled “Nazar Sohail Vs. Tehsildar, Leh and another”, which is pending adjudication as mandated by Section 17 (2) of J&K Reservation, Act 2004. 02. Brief facts of the case are that the petitioner has preferred an appeal on 03.08.2024 under Section 17 of J&K Reservation Act, 2004 against issuance of schedule tribe certificate in favour of Mehmood Hussain S/o Bashir Ahmed Bhat R/o House No. 145, Hamzah Colony, Bemina, Srinagar, Kashmir who is party private respondent before appellate Court. Sr.No. 27 2 03. It is stated that after filing of the appeal, the respondent herein being Appellate Authority issued a summon to the respondent in the original appeal vide summon dated 06.08.2024 and 14.08.2024. 04. It is further stated that it is the mandate of Section 17 (2) of J&K Reservation Act, 2004 that the Appellate Authority shall pass order within 30 days from the date of receipt of appeal. 05. It is further stated that the petitioner has preferred an appeal on 03.08.2024 before the respondent in terms of Section 17 (2) of J&K Reservation, Act 2004 but the respondent failed to pass final order within the statutory period i.e., within one month and the said appeal is still pending adjudication. 06. It is further stated that the petitioner has also filed formal written application dated 28.12.2024 to dispose of the aforesaid appeal. 07. Feeling aggrieved of the inaction on part of the respondent, the petitioner has approached this Court by way of the instant petition. 08. Learned counsel for the petitioner submits that the petitioner would feel satisfied in case, this petition is disposed of, at this stage by issuing a direction to the respondent-Appellate Authority to decide the appeal, which is pending adjudication before it within some reasonable time. 09. Heard learned counsel for the petitioner. 10. Issue notice to the respondent. 11. Mr. Sumant Sudan, assisting counsel to Mr. Vishal Sharma, learned DSGI waives notice on behalf of the respondent. He submits that he is not averse to the disposal of the instant petition. 12. With the consent of learned counsel for the parties, the instant petition is disposed of at this stage, by issuing a direction to the respondent- Appellate Authority to consider and decide the appeal, if pending within 3 a period of two weeks from the date, a copy of this order along with copy of the instant writ petition and the annexure(s) are made available to the respondent strictly under rules and as per law. 13. The writ petition is ‘disposed of’ in the manner indicated as above. 14. Copy of this order be provided to learned counsel for the respondent under the seal and signatures of Reader/Bench Secretary of this Court. (Wasim Sadiq Nargal) Judge Jammu: 02.01.2025 Renu Whether the Order is speaking? Yes/No. Whether the Order is reportable? Yes/ No. Renu Bala 2025.01.02 17:02 I attest to the accuracy and integrity of this document