Dismissed

Suman Lata v. Deputy Director Estates Jammu, Estates Department

J&K HC6 Sept 2021LPA/40/2021

Case brief

AI extract

What is this about?

The Chief Court dismissed this Letters Patent Appeal challenging an order that withdrew the writ petition. Upholding the judgment court's recording that the petition was withdrawn via the lawyer, the Chief Court held the facts in the lower order are sacrosanct and cannot be disputed by a subsequent affidavit from the lawyer.

What did the court decide?

Appeal dismissed with liberty to take recourse to other legal remedies.

Suman Lata Vs Deputy Director Estates Jammu, Estates… — Writ and Judicial Review | J&K HC (2021)

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Sr. No. 5

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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CJ Court

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Case: LPA No. 40 of 2021

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Suman Lata

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…Petitioner(s)/Appellant(s)

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Through: Sh. Imtiaz Hussain, Advocate

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V/s

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Deputy Director Estates Jammu, Estates …. Respondent(s) Department

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Through:

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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Heard Sh. Imtiaz Hussain, learned counsel for the appellant.

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This appeal has been preferred under Clause 12 of the Letters Patent against the order of the writ court dated 01.12.2020.

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The court by the said order has dismissed the writ petition filed by the appellant as withdrawn. The counsel for the appellant stated that the appellant would be vacating the premises by 30^th June 2021 and would handover its possession to the representatives of the respondents.

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The submission of learned counsel for the appellant is that the lawyer has not given any such consent and that the writ petition ought to have been heard on merits.

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To support the above contention, the appellant has filed an affidavit of the then lawyer who appeared on his behalf in the writ petition. He has stated that at no point of time he submitted before writ court to withdraw the suit/appeal.

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A reading of the affidavit reveals that there is no averment or deposition that he has not made statement for the withdrawal of the writ petition.

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Be as it may be, the facts recorded in the judgment and order of the court are sacrosanct and they cannot be permitted to be disputed by filing such an affidavit. If this practice is allowed every judgment and order would be assailed on the ground that it is factually incorrect and incorrectly records the submissions which in fact have not been made by the lawyer.

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Even otherwise, if anything factually wrong has been stated in the judgment and order, the appropriate remedy for the appellant is to move an application before the court concerned for the recall of the order or for its review as may be advised.

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In the aforesaid facts and circumstances, we are of the opinion that this appeal is totally misconceived and is accordingly dismissed with liberty to the appellant to take recourse to the other legal remedies that may be available to her in law.

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(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

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Jammu 06.09.2021 Tilak

Suman Lata v. Deputy Director Estates Jammu, Estates Department

Case brief

What is this about?

What did the court decide?

Suman Lata v. Deputy Director Estates Jammu, Estates Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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