MANZOOR AHMAD BHAT AND ORS. v. M/S GREENLAND BRICK KILN AND ORS.
LPA/280/2024 · 2025-02-05
Puneet Gupta, Sanjeev Kumar
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 9220 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 9220 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 22 Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 280/2024 In[WP(C) 2099/2024] CM(6530/2024) Manzoor Ahmad Bhat & Ors. … Appellant(s) Through: Mr. Showkat Ali Khan, Advocate with Mr. Tawseef Manzoor Bhat, Advocate
Vs. M/S Greenland Brick Kiln & Ors. ...Respondent(s) Through: Mr. Nisar Ahmad Bhat, Advocate Mr. Abdul Rashid Malik, Sr. AAG
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER 05.02.2025
1. Impugned in this intra-court appeal filed by the appellants with the leave of this Court is an order and judgment dated 13th September, 2024, passed by the learned Single Judge of this Court [“the writ Court”] in WP(C) No. 2091/2024, whereby the writ Court has disposed of the writ petition filed by the respondents with a direction to the official respondents to strictly implement the sanction order dated 25.05.2024, as well as the certificate dated 12th August, 2024, issued by the respondent No. 4, provided there was no legal impediment.
2. The impugned judgment is assailed by the appellants primarily on the ground that the judgment passed by the writ Court will adversely affect the civil suit titled “Manzoor Ahmad Bhat Vs. Abdul Gani Bhat and Ors.” pending adjudication before the Additional District Judge, Baramulla, wherein the issue as to whether the respondent is entitled to have electric connection from the Power Development Department Authorities on land which is claimed to be owned by the appellant, has arisen directly for adjudication.
3. Having heard learned counsel for the parties and perused the
judgment impugned, we are of the considered opinion that the interests of the appellant, if any, has been well protected by the writ Court by providing that the sanction order dated 25th May, 2024, as also the certificate dated 12th August, 2024, issued by the respondent No. 4, shall be implemented provided there is no legal impediment. It is thus evident that the judgment of learned Single Judge which is impugned before us does not in any way adversely affect the pending suit before the civil Court.
4. Having regard to the grievance projected by the appellants and after considering the judgment passed by the writ Court, we are of the considered opinion that this appeal can be disposed of by clarifying that the
judgment dated 13th September, 2024, impugned in this appeal, shall not directly or indirectly prejudice the rights of the parties which are subject matter of adjudication in the civil suit supra. Ordered accordingly.
5.
Disposed of.
(PUNEET GUPTA) (SANJEEV KUMAR) JUDGE
JUDGE SRINAGAR: 05.02.2025
“Mir Arif”
MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 06.02.25