Bashir Ahmed v. State Th. Revenue Deptt. a Nd Ors.
Case brief
What is this about?
The High Court held that it lacks jurisdiction to hear the petition as the Central Administrative Tribunal is the court of first instance and transferred the matter to the CAT Jammu Bench.
What did the court decide?
Transfer to the Central Administrative Tribunal, Jammu Bench for further proceedings.
What the court decided
Serial No. 205
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No. 53/2019 [WP (C) No. 102/2019] CM No. 602/2019 [1/2019]
Bashir Ahmed. …Petitioner(s)
v
State of J&K & ors. …Respondent(s)
CORAM :
Hon’ble Mr. Justice Ali Mohammad Magrey, Judge.
ORDER
- The grievance projected in this petition relates to the subject(s) covered by Section 14 of the Central Administrative Tribunals Act, 1985 (CAT Act). The jurisdiction to hear this petition as a Court of first instance, therefore, lies with the Central Administrative Tribunal (CAT) constituted under the provisions of the CAT Act.
- Accordingly, in terms of Section 29 of the CAT Act, this case is transferred for further proceedings to the CAT, the Court of first instance, having its place of sitting at Srinagar notified vide Notification no. G.S.R. 317(E) dated 28.05.2020, issued by the Central Government under Section 5(7) of the CAT Act. However, since there is only one Bench of the CAT established so far which is presently holding its sitting at Jammu, the Registrar Judicial is directed to transmit the record of the petition to the CAT presently holding sittings at Jammu, retaining a soft copy thereof.
Issues for consideration
1 issue framed by the court
Whether the High Court has jurisdiction to entertain a writ petition relating to subjects covered by the Central Administrative Tribunals Act when the Central Administrative Tribunal is the court of f
Parties & counsel
- petitioner
Bashir Ahmed
- respondent
State of J&K
Coram
Ali Mohammad Magrey
Case details
As recorded by the court registry
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