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2025 DAILYLAW 6866 (JK)

UT OF JAMMU AND KASHMIR THROUGH COMMISSIONER SECRETARY TO GOVT GENERAL ADMINISTRATIVE DEPARTMENT v. NIZAMUDDIN KHAN

WP(C)/782/2025 · 2025-04-08

Mohd Yousuf Wani, Rajnesh Oswal

body2025

Judgment text

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Serial No. 01 Suppl Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 782/2025 CM No. 1976/2025 Caveat No. 489/2025. UT OF JAMMU AND KASHMIR TH. COMMISSIONER SECRETARY TO GOVT. GENERAL ADMINISTRATIVE DPARTMENT & ORS …PETITIONER (s) Through: Mr. Abdul Rashid Malik, Sr. AAG with Mr. Waseem Gull, GA. VERSUS NIZAMUDDIN KHAN & ORS Through: Mr. Syed Faisal Qadiri, Senior Advocate with Mr. Salih Pirzada, Advocate. …RESPONDENT(s) CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. HON’BLE MR JUSTICE MOHAMMAD YOUSUF WANI, JUDGE. ORDER 08-04-2025 Caveat No. 489/2025. 01. With the appearance of Mr. Salih Pirzada, learned Advocate appearing for the caveator, the instant caveat stands discharged. WP (C) No. 782/2025 02. Mr. Syed Faisal Qadiri, learned Senior counsel appearing for the respondents submits that the he does want to file reply to the petition and the matter may be considered without response from the respondents. 03. The petitioners have impugned order dated 18.03.2025 passed by the Central Administrative Tribunal, Srinagar whereby show cause notice has been issued to the Additional Resident Commissioner, Government of J&K, 5-Prithvi Raj Road, New Delhi i.e. petitioner No.3 herein. 04. Learned Senior Counsel appearing for the respondents has submitted that the respondents are interested only in expeditious disposal of their application pending before the learned Tribunal. It is also borne from the record that no formal application has been filed for initiation of contempt proceedings against the petitioners and the learned Tribunal has exercised the suo-moto powers only in the application preferred by the respondents by observing that Additional Resident Commissioner has prima facie interfered in the course of justice. 05. It is submitted by the learned counsel for the parties that pleadings are complete before the learned Tribunal. In view of this, without commenting upon the merits of the claim of the parties, we dispose of this petition by requesting the learned Tribunal to defer the proceedings in a suo-moto contempt proceedings initiated by the learned Tribunal till the disposal of the main O.A pending before the learned Tribunal. 06. Needless to say that observation made, if any, in the order which is the subject matter of this Writ petition shall not come in the way of the petitioners in the event the learned Tribunal after the disposal of the main Writ petition decides to proceed ahead with the contempt proceedings and the petitioners shall be at liberty to raise their defence before the learned Tribunal in accordance with law. 07. Disposed of. (Mohammad Yousuf Wani) (Rajnesh Oswal) Judge. Judge SRINAGAR 08-04-2025 Showkat Khan