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2025 DAILYLAW 8427 (JK)

ABID HUSSAIN KAPRA v. STATE OF JK (PIL MATTER) . (IRRIGATION) (PIL)

OWP/1348/2017 · 2025-07-16

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 OWP 1348/2017 ABID HUSSAIN KAPRA …Petitioner(s)/appellant(s) Through: Ms. Asma Rashid, Advocate Vs. STATE OF JK ...Respondent(s) Through: Mr. Jahangir Ahmad Dar, GA CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 16-07-2025 Having argued the matter at length, learned counsel for the petitioner submits that, in the wake of the issues, as also the prayer made in the petition, it would rather be expedient if the petitioner is permitted to withdraw the petition, so as to avail such other remedies as shall be admissible in law, as also by filing a suit under the General Common Law, if so advised. However, she submits that, since the petition at hand was filed in the year 2017, and considerable time has elapsed since then, even if the petitioner has to file a declaratory suit, the issues as regards limitation might defeat his claim/interest. In response, learned counsel for the respondent submits that, considering the fact that the petitioner has diligently pursued the matter since 2017, he, for sure, shall be entitled to the benefits of Section 14 of the Limitation Act. Dismissed as withdrawn, with liberty as prayed for. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 16-07-2025 Junaid