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2025 DAILYLAW 6930 (JK)

RAJESH SHARMA AND ORS v. MOHAMMAD JAMAL SHEIKH AND OTHERS

LPA/76/2025 · 2025-06-30

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2025

Judgment text

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S. No. 1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 76/2025 in (WP(C) 336/2023) c/w LPA 93/2025 RAJESH SHARMA AND ORS. …Petitioner/Appellant(s) Through: Mr. M. I. Qadri, Sr. Advocate with Mr. Owais Shafi, Advocate. Vs. MOHAMMAD JAMAL SHEIKH AND ORS ...Respondent(s) Through: Mr. Aatir Javed Kawoosa, Advocate for R-1 & 2. Mr. Faheem Shah, GA for R-3 to 9. CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE O R D E R 30.06.2025 1. Learned counsel appearing for the respondents (the writ petitioners) very fairly concedes that the writ petition ought not to have been entertained by the learned Single Judge and the remedy of the respondents (the writ petitioners) would lie before the Central Administrative Tribunal. 2. We have gone through the writ petition filed by the respondents from where judgment impugned has emanated and find that the dispute raised in the writ petition is a service dispute between the respondents (the writ petitioners herein) and the appellants (the respondents before the writ court) and, therefore, amenable to the jurisdiction of Central Administrative Tribunal. 3. In view of the aforesaid clear position emerging in the case and the fair statement made by learned counsel for the parties, we dispose of this appeal by providing as under: I. The appeal is allowed and the judgment impugned passed by learned Single Judge is set aside II. That the writ petition is permitted to be withdrawn with liberty to file fresh OA before the Tribunal. III. The respondents are permitted to file fresh OA within a period of one week, till then, the status quo shall be maintained. IV. We, however, having regard to the nature of controversy involved, request the Tribunal to consider the matter on priority and dispose of the same at the earliest. 4. In terms of aforesaid order, the connected LPA No. 93/2025 is also disposed of. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR 30.06.2025 “Hilal”