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2025 DAILYLAW 7260 (JK)

NISSAR HUSSAIN AND ORS. (LADAKH CASE) v. UNION TERRITORY OF LADAKH AND ORS. (TRANSPORT / RTO)

LPA/108/2025 · 2025-05-13

Rajnesh Oswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 4 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 108/2025 CM(2847/2025) NISSAR HUSSAIN AND ORS. (LADAKH CASE) …Petitioner(s)/appellant(s) Through: Mr. Firdous Ahmed Bhat, Advocate Vs. UNION TERRITORY OF LADAKH AND ORS. ...Respondent(s) Through: Ms. Rehana Qayoom, Advocate, CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 13-05-2025 1. This is an intra-court appeal under Clause 12 of the Letters Patent Appeal against an order dated 06.05.2025 rendered by the learned Single Judge: “1. Learned counsel for the petitioners, after arguing for a while, submits that petitioners would feel satisfied if this petition is disposed of by directing the respondents to treat this petition as representation and decide the same within a particular time-frame. 2. Mr. T. M. Shamsi, learned counsel for the respondents submits that petitioners were engaged on need basis and are not more required. However, the petition of petitioners can be treated as representation and would be considered by respondents strictly in accordance with law. 3. Having regard to the submissions made by learned counsel for the parties, this writ petition is disposed of by directing the respondents to treat the writ petition of petitioners as representation and decide the same after hearing them within a period of three months from the date copy of this order is made available to them and pass a reasoned order. 4. Disposed of.” 2. Ex facie, the order referred to above, was passed on the statement of the counsel for the appellant that respondent-authorities be directed to consider the writ petition preferred by the appellant as his representation and pass appropriate orders within a specified time. 3. Nothing is indicated in the grounds of the appeal that no such statement was made by learned counsel for the appellant before the learned Single Judge or he was not authorized to make any such statement. 4. Though Mr. Firdous Ahmed Bhat, learned counsel for the appellant submits that another petition (WP(C) No. 1233/2021, Mohammad Hassan and Ors Vs. UT of Ladakh and Ors) involving identical issue is pending consideration. And vide order dated 01.07.2021, the petitioner therein has also been granted interim protection. 5. However, leaned counsel for the appellant having argued the matter at some length and sensed that this Court was/is disinclined to interfere in the matter submits that he be permitted to withdraw the appeal with liberty to move an appropriate application before the learned Single Judge for recalling/reviewing the order dated 06.05.2025, if so advised. 6. Dismissed as withdrawn, with liberty as prayed for. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 13-05-2025 Aamir