Held that the review petition, accompanied by an application seeking condonation of 302 days delay, is liable to be rejected as no plausible cause was expressed. The dismissal of the review petition renders the accompanying application dismissible.
The review petition is rejected; the accompanying application is dismissed.
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S. No. 37 Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR.
CONSW No. 51/2017
Zakir Hussain Peer and Anr.
…Petitioner/non-applicant(s)
Through: Mr. S. M. Saleem, Adv.
Vs
State of J&K and Ors.
…Respondent/applicant(s)
Through: Mr. Satinder Singh, AAG
CORAM :
Hon’ble Mr. Justice Javed Iqbal Wani, Judge
ORDER
07.04.2022
In the instant application, delay of 302 days in filing the review petition is sought by the applicants. It is being contended in the application that an ex-parte order was served upon the respondents where after the matter was taken up with the administrative department which directed that the waiting list cannot be operated as per the rules in vogue and that the file was under consideration of various offices which took some time to take decision for filing the review petition.
It is further stated in the application that the delay has not been intentional, willful or deliberate, but caused due to the administrative process.
Objections have been filed by the non-applicants, wherein it is being contended that the official respondents have already implemented the order dated 30th March, 2016, review of which is being sought in the review petition accompanied with the instant application. An order of appointment is also stated to have been issued in favour of the nonapplicants/petitioners herein. The review petition is thus, contended to be devoid of any merit.
Heard learned counsel for the parties and perused the record.
The perusal of application in hand prima facie demonstrates that no plausible cause has been expressed warranting condonation of delay. The application accordingly is liable to be rejected, more so, in view of the
fact that the order under review stands already implemented by the respondents/applicants herein.
In view of dismissal of instant application accompanying the review petition shall also stand dismissed.
(Javed Iqbal Wani) Judge
Srinagar. 07.04.2022 “Sakeena”
SAKEENA MOLVI 2022.04.07 02:43 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether delay of 302 days in filing a review petition should be condoned when no plausible cause is expressed and the impugned order is already implemented.
Whether a review petition devoid of merit can be allowed with condoned delay.
Whether an application accompanying a dismissed review petition should also be dismissed.
Zakir Hussain Peer
State of J&K
Javed Iqbal Wani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
