Gopal Chand vs Ut Of J&K And Ors on 18 May, 2026

    0
    18
    ADVERTISEMENT

    Jammu & Kashmir High Court

    Gopal Chand vs Ut Of J&K And Ors on 18 May, 2026

    Author: Rajnesh Oswal

    Bench: Rajnesh Oswal

                                                             1
    
    
    
    
                        IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                            AT JAMMU
    
                                                      (Through VC)
    
                                                   LPA No. 60/2026 in
                                                   WP(C) No. 2926/2023
                                                   CM No. 2060/2026
                                                   CM No. 2061/2026
    
                    Gopal Chand
                                                                                .........Appellant(s)
                                                     Through:
                                              Mr. Pawan Kumar Kundal, Advocate
    
                                                          Versus
                    UT of J&K and Ors.
                                                                                 .....Respondent(s)
                                                       Through:
                                              Ms. Sagira Jaffer, Assisting Counsel to
                                              Ms. Monika Kohli, Sr. AAG for R 1-3
                                              Mr. Amit Bhardwaj, Advocate for R-4
                    CORAM:
                                     HON'BLE THE CHIEF JUSTICE
                                     HON'BLE MR JUSTICE RAJNESH OSWAL, JUDGE
    
                                                         ORDER
    

    18.05.2026

    CM No. 2060/2026

    SPONSORED

    For the reasons stated in the application, coupled with no objection

    from other side, the delay in filing the appeal against the order dated

    22.11.2023, passed by the learned Writ Court in WP(C) No. 2926/2023 titled

    Ganga Ram Vs. UT of J&K and Ors., is allowed. The application bearing

    CM No. 2060/2026 is disposed of, accordingly.

    LPA No. 60/2026

    Mohammad Yaseen Dar
    I attest to the accuracy and
    authenticity of this
    document
    2

    01. Notice, waived by Ms. Sagira Jaffer, learned assisting counsel for

    respondents 1 to 3 and Mr. Amit Bhardwaj, learned counsel for the

    respondent No. 4.

    02. The order dated November 22, 2023, passed by the learned writ court

    in WP(C) No. 2926/2023, has been impugned primarily on the ground that it

    was passed ex-parte. The appellant contends that by failing to issue notice,

    the court deprived him, as an affected party, of the opportunity of a hearing.

    03. Mr. Amit Bhardwaj, learned counsel for the respondent No. 4, very

    fairly conceded that the writ petition was disposed of by the learned writ

    Court without affording opportunity of hearing to the appellant.

    04. In view of above, the instant appeal is allowed and the impugned

    order dated 22.11.2023 passed by the learned writ Court in WP(C) No.

    2926/2023 is set aside. The matter is remitted to learned writ Court for fresh

    disposal in accordance with law. The parties shall appear before the learned

    writ Court on 28.06.2026. We make it clear that we have not examined the

    merits of the claims of either of the contesting parties.

    05. Registry is directed to list WP(C) No. 2926/2023 before the learned

    writ Court on 28.06.2026.

                                           (RAJNESH OSWAL)                    (ARUN PALLI)
                                                    JUDGE                     CHIEF JUSTICE
                    Srinagar
                    18.05.2026
                    "Mohammad Yasin Dar"
                                           Whether the order is reportable:   Yes/No.
    
    
    
    
    Mohammad Yaseen Dar
    I attest to the accuracy and
    authenticity of this
    document
    



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here