Kathua v. UT of J&K & Ors.
Case at a glance
Key paragraphs
- Para 0505. Under these circumstances, we are of the view that the matter can be mentioned before the learned Single Judge on the date already fixed for taking up the matter relating to the grant of interim relief for which the appellant is at liberty to…
Judgment
Through :- Mr. Asheesh Singh Kotwal, Advocate. v/s UT of J&K and ors. .....Respondent(s) Through :- Mr. Ravinder Gupta, AAG with Ms. Pallavi Sharma, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 08.05.2023
#01. The present appeal has been filed against the order dated 19th April 2023 passed in WP(C) No. 963/2023 „Inhabitants of Village Pallan vs. UT of J&K & ors.‟ whereby grant of interim relief was deferred for the time being.
#02. Having not being satisfied with the order, as regards the interim relief being deferred, the appellant has filed an appeal contending that though having the approval for reconstruction of the old Structure of the Government Higher Secondary School Pallan, Kathua, the authorities are constructing a new building which is about 2 kms away from the aforesaid school. It is contended that the said new construction would cause serious prejudice to the School going children.
#03. As regards the interim relief sought, the learned single Judge has made an observation in order dated 19th April 2023 as follows: “ Meanwhile, respondent No. 2 is also directed to accord consideration to the representation alleged to have been filed by the petitioner within the aforesaid period and the decision which is likely to be taken on the aforesaid representation be placed on record while filing the reply by the Education Department. Granting of interim relief at this stage is deferred for the time being.”
#04. From the above, it comes to fore that this is not a case where the learned Single Judge has declined to pass any interim order but deferred the same giving an opportunity to the respondents to consider the representation filed by the petitioner in the meantime after issuing notice to them. We have been informed that the matter has been again listed for consideration on 31st May 2023.
#05. Under these circumstances, we are of the view that the matter can be mentioned before the learned Single Judge on the date already fixed for taking up the matter relating to the grant of interim relief for which the appellant is at liberty to make a mention before the learned single Judge.
#06. With the above observation, the present appeal is closed. (MOKSHA KHAJURIA KAZMI) (N.KOTISWAR SINGH) JUDGE CHIEF JUSTICE SRINAGAR 08.05.2023 SUNITA/PS
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.