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2025 DAILYLAW 9359 (JK)

MOHAMMAD YOUNIS ALI v. UNION TERRITORY OF J AND K AND ORS. (TOURISM / GULMARG DEVELOPMENT) (PIL Matter)

WP(C)/2922/2023 · 2025-05-13

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 8 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2922/2023 CM(6936/2023) MOHAMMAD YOUNIS ALI …Petitioner(s)/appellant(s) Through: Mr. Sakal Bhusan, Advocate (through VC) Mr. Muizz Imam, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS ...Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 13-05-2025 1. With reference to the order dated 08.05.2025 passed by this Court, learned counsel for the petitioner submits that now that the authorities have passed a final order dated 09.01.2023, vide which, the permission granted to the petitioner to operate one All Terrain Vehicle (ATV) has since been cancelled, he be permitted to withdraw the petition to enable the petitioner to assail the said order. 2. However, he submits that even earlier while this Court had disposed of the matter on 20.07.2022 to enable the respondent-authorities to pass a fresh order after affording notice and opportunity to the petitioner, the then order of cancellation dated 09.01.2023 was kept in abeyance. Accordingly, he submits for the petitioner is to now file a fresh petition, the order of cancellation dated 09.01.2023 be kept in abeyance for a period of three weeks’. 3. Mr. Mohsin Qadiri, Sr. AAG., who appears for the respondents, submits that, in the given circumstances, the order of cancellation dated 09.01.2023 shall be kept in abeyance for a period of three weeks’, though it would not reflect on the merits of the case of either party. For the petitioner would be at liberty not to only file a fresh petition but also to pray for an appropriate interim relief in the said petition, which would be considered/examined by this Court on merits and as per law. 4. Per the statement made by learned counsel for the respondents, the order of cancellation dated 09.01.2023 shall be kept in abeyance for a period of three weeks’ from today. 5. Dismissed as withdrawn. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 13-05-2025 Aamir