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High Court of Jammu and Kashmir · body

2025 DAILYLAW 596 (JK)

U T OF J AND K TH CHIEF SECRETARY JAMMU v. ROTARY BHAWAN SOCIETY JAMMU AND ORS

LPA/306/2025 · 2026-02-03

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LPA No. 306/2025 Page 1 of 3 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No: LPA No. 306/2025 CM No. 8414/2025 CM No. 8415/2025 Cav No. 2377/2025 Uploaded on: 05.02.2026 Whether the operative part or full Judgment is pronounced : Full U.T. of J&K and others …Petitioner(s)/Appellant(s) Through: Mr. Aseem Sawhney, Sr. Advocate with Mr. Mohd. Kashif Malik, Advocate V/s Rotary Bhawan Society, Jammu & others. …. Respondent(s) Through: Mr. Abhinav Sharma, Sr. Advocate with Mr. Muddasser Maqbool, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 03.02.2026 Caveat No. 2377/2025 1. Heard the Caveator. Caveat stands discharged. 2. Main appeal is taken on board. LPA No. 306/2025 Page 2 of 3 LPA No.306/2025 1. Interim order subject to objections, dated 26.09.2025, passed in WP(C) No. 2679/2025 and order dated 11.12.2025 passed in CMA No.7706/2025 filed in WP(C) No. 2679/2025 are the subject matter of this intra-court appeal. 2. Learned Senior Counsel appearing for the appellants has submitted that the appellants have already filed their response to the writ petition, along with an application seeking modification/vacation of the interim order passed by the learned Writ Court. It is contended that, in view of the law laid down by the Hon’ble Supreme Court of India in Quantum Securities Private Limited and others v. New Delhi Television Limited, reported in (2015) 10 SCC 602, the learned Writ Court ought to have proceeded to decide the writ petition on merits instead of initiating contempt proceedings arising out of the interim order. He has further submitted that, in terms of the mandate of Article 226(3) of the Constitution of India, it is obligatory for the Court to decide the application filed for modification/vacation of the interim order within a period of two weeks. 3. Per contra, Mr. Abhinav Sharma, learned Senior Counsel appearing for the contesting respondents, has submitted that every endeavour shall be made for expeditious disposal of the writ petition on merits. 4. In view of the above, the present appeal is disposed of by relegating the appellants to the learned writ Court for projecting their grievances. The learned Writ Court is requested to consider and decide the application seeking modification/vacation of the interim order, in accordance with the mandate of Article 226(3) of the Constitution of LPA No. 306/2025 Page 3 of 3 India. The learned Senior Counsel appearing for the parties have assured this Court that no unnecessary adjournments shall be sought in the matter. (Rajnesh Oswal) (Arun Palli) Judge Chief Justice Jammu 03.02.2026 Madan Verma-Secy Whether order is speaking? Yes/No. Whether order is reportable? Yes/No. MADAN LAL VERMA 2026.02.05 13:42 I attest to the accuracy and integrity of this document