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2025 DAILYLAW 9166 (JK)

SHAHEENA v. SRINAGAR MUNICIPAL CORPORATION AND ORS.

CM(M)/373/2024 · 2025-09-03

Wasim Sadiq Nargal

body2025

Judgment text

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ITEM NO. 70 Regular List. IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR ……. CM(M) 373/2024 CM(6112/2024) CM(7711/2024). SHAHEENA. …Petitioner(s) Through: Ms Anjum Ara, Advocate. VERSUS SRINAGAR MUNICIPAL CORPORATION AND ORS.. …Respondent(s) Through: Mr. Bikramdeep Singh, Dy. AG CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 03.09.2025 On being mentioned, the matter is taken up out of turn at the request of the learned counsel appearing for the petitioner, who has expressed urgency in the matter. After hearing arguments of the learned counsel for the petitioner for a while, learned counsel for the petitioner, when confronted with the issue of maintainability of the instant petition, seeks permission of this Court to withdraw the same with liberty to file a fresh one. It is submitted that the petition was inadvertently filed under Article 227 of the Constitution and has, by virtue of order dated 14th October 2024, been treated as one under Article 226. During the course of arguments, it has further transpired that certain material facts and requisite documents, necessary for adjudication of the controversy in question, have not been placed before this Court. It is also pointed out that some facts which ought to have been pleaded have not been so pleaded. In this backdrop, learned counsel for the petitioner prays for withdrawal of the petition with liberty to file a fresh petition with better particulars and complete pleadings. In the peculiar facts and circumstances of the case, the prayer is allowed. Accordingly, the writ petition is dismissed as withdrawn with liberty, as prayed for. (Wasim Sadiq Nargal) Judge SRINAGAR 03.09.2025. Showkat Khan