Writ petition dismissed. Court order states it cannot act on Tribunal's declaration of lack of jurisdiction until that order is challenged separately.
Liberty granted to the Petitioners to challenge the Order dated 11th of October, 2021 passed by the Tribunal in appropriate proceedings.
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Serial No. 138 Supplementary-1 List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) No. 2462/2021 CM No. 7842/2021
Gulzar Ahmad Bhat & Ors.
… Petitioner(s)
Through: -
Mr Mubashir Gatoo, Advocate.
V/s
Union Territory of JK & Ors.
… Respondent(s)
Through: -
Mr B. A. Dar, Sr. AAG.
CORAM:
Hon’ble Mr Justice Ali Mohammad Magrey, Judge. (ORDER)
01.12.2021
Having heard Mr Mubashir Ahmad Gatoo, the learned Counsel for the Petitioners, coupled with a perusal of the pleadings on record, what emerges is that the Petitioners, in the earlier round of litigation, had approached this Court through the medium of Writ Petition bearing WP(C) No. 1714/2020 seeking setting aside of Order dated 12th of October, 2020 issued by Respondent No.3 as well as Order dated 27th of October, 2020 issued by Respondent No.2. The aforesaid Writ Petition was, in terms of Order dated 5th of November, 2021, disposed of by granting liberty to the Petitioners to file revision against the impugned Orders before the J&K Special Tribunal, Srinagar (for short “the Tribunal”) in tune with the mandate of Section 21 of
the J&K Agrarian Reforms Act, 1976. Thereafter, it appears that in compliance of the directions passed by this Court, the Petitioners filed revision Petition before the Tribunal, which revision Petition, in terms of Order dated 11th of October, 2021, was declared to be without jurisdiction by the Tribunal. Feeling aggrieved thereby, the Petitioners have approached this Court again through the medium of the Petition in hand for seeking the same relief as was sought by them in the earlier Writ Petition.
Seemingly, it appears that the Tribunal has declared the revision Petition filed by the Petitioners as without jurisdiction ignoring the directions passed by this Court in WP(C) No. 1714/2020 filed by the Petitioners earlier in point of time. However, unless and until the Order dated 11th of October, 2021 passed by the Tribunal is assailed by the Petitioners before this Court in appropriate proceedings, no direction can be passed in this case by this Court. Accordingly, this Petition is disposed of giving liberty to the Petitioners to challenge the Order dated 11th of October, 2021 passed by the Tribunal in appropriate proceedings as per law.
Disposed of as above, along with the connected CM.
(Ali Mohammad Magrey) Judge SRINAGAR
December 1st , 2021 “TAHIR”
TAHIR MANZOOR BHAT 2021.12.01 15:46 I attest to the accuracy and integrity of this document
Gulzar Ahmad Bhat & Ors.
Union Territory of JK & Ors.
Ali Mohammad Magrey
As recorded by the court registry
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