GHULAM RASOOL RATHER v. UNION TERRITORY OF J AND K AND ORS. (SCHOOL EDUCATION DEPARTMENT)
WP(C)/2790/2021 · 2025-07-07
Rajnesh Oswal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 9348 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9348 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 31 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2587/2021 CM(7666/2023) CM(8165/2023) c/w WP(C) 2790/2021 CM(8669/2021) ABDUL QAYUM RESHI AND ANR. …Appellant(s)/Petitioner(s) Through: Mr. Sheikh Hilal, Advocate in WP(C) 2587/2021 Ms. Asma, Advocate in WP(C) 2790/2021
Vs.
UNION TERRITORY OF J AND K AND ORS.
...Respondent(s) Through: Mr. G.A Lone, Sr. Advocate for R-9 Mr. Waseem Gul, GA Ms. Asma, Advocate for WP(C) 2857/2021
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER 07.07.2025 WP(C) 2790/2021:
1. Ms. Asma, learned counsel fairly submits that through the medium of the instant petition, she has called in question communication dated 18.12.2021, which has been issued by the respondent No 4- CEO, Budgam, in terms of which, SHO, Budgam, has been requested to take action against the owner of the building, which according to learned counsel for the petitioner, has been issued in pursuant to interim direction passed by this Court in the clubbed petition WPC 2587/2021.
Learned counsel further submits that the aforesaid direction passed by the learned writ court dated 14.12.2021 has been challenged before the Hon’ble Division Bench of this Court in LPA 178/2021 and the Hon’ble Division Bench set aside the aforesaid
order, with a further direction to maintain status quo and the LPA preferred against the aforesaid order stands disposed of.
2. Thus, in light of the order of the Hon’ble Division Bench, the instant petition, with the efflux of time is rendered infructuous.
3.
Learned counsel for the petitioner submits that in light of the order passed by the Hon’ble Division Bench, the aforesaid
order passed by the respondent No 4 does not survive as the same is in compliance to order passed by the learned writ court mentioned supra, which has also been set aside by the Hon’ble Division Bench.
4. In light of the statement made by the learned counsel for the petitioner as also in light of order passed by the Hon’ble Division Bench, the order passed by the respondent No 4, impugned in the present petition is hereby quashed and the writ petition to that extent is allowed.
5.
Disposed of as rendered infructuous.
WP(C) 2587/2021
6. Heard in part.
7. List for continuation in the Supplementary Causelist on
16.07.2025.
(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR: 07.07.2025
“Adil Ismail”