District Development Commissioner Poonch and Another Vs Inhabitants of Village Dharana and Topa Salwa Th Nazir Hussain and Another — J&K HC (2025) — LawSathi Research

District Development Commissioner Poonch and Another Vs Inhabitants of Village Dharana and Topa Salwa Th Nazir Hussain and Another — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of without adjudication of merits, on the parties' consensus; Registry directed to list WP(C) No. 160/2024 before the learned Single Judge on 18.07.2025 as per roster, with the expectation that the Single Judge will endeavour to decide the petition at the earliest; connected application CM/7000/2024 disposed of in the same terms.

Ratio / Principle

Because the parties had reached a consensus for disposal of the appeal with a time-bound direction to the Writ Court, the Division Bench was not required to delve further into the merits.

Key takeaways

The Registry is directed to list the matter before the learned Single Judge on 18.07.2025 as per roster.ratio¶19
Considering the issue requiring determination by the Writ Court and the right/interest of all stakeholders to the lis, the learned Single Judge is expected to make every possible endeavor to decide the petition at the earliest.obiter¶20
In view of the same-day disposal of the appeal, and as counsel for the parties were ad idem, no formal order was required and application CM/7000/2024 was disposed of in the same terms as the appeal.ratio

Detailed headnote1 paragraphs

LPA/248/2024 (arising out of WP(C) No. 160/2024), High Court of Jammu & Kashmir and Ladakh at Jammu (through virtual mode), decided 08-07-2025 by a Division Bench comprising the Chief Justice (Arun Palli) and Justice Rajnesh Oswal. The appellants — District Development Commissioner Poonch and another, who were Respondent Nos. 2 and 4 in WP(C) No. 160/2024 — assailed the Writ Court's interim order dated 02.02.2024, which, while issuing notice, restrained the authorities from issuing the final order of allotment but granted liberty to proceed with the tendering process pursuant to the impugned e-NITs. Ex facie a year and a half had passed; the writ petition, though posted for 06.03.2024, remained unlisted, and statements of facts/objections had been filed. The parties reached a consensus that the appeal be disposed of with a time-bound direction to the Writ Court; accordingly, without delving into the merits, the Bench directed the Registry to list the matter before the learned Single Judge on 18.07.2025 as per roster and expressed confidence that the Single Judge would make every possible endeavor to decide the petition at the earliest. Application CM/7000/2024 was disposed of in the same terms. No statute or precedent was cited and no substantive issue was decided by this Court.

Sr. No.16

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

(THROUGH VIRTUAL MODE)

LPA/248/2024 IN [WP(C)/160/2024] CM/7001/2024 CM/7000/2024

DISTRICT DEVELOPMENT COMMISSIONER POONCH AND ANOTHER

…Petitioner(s)/appellant(s)

Through: Ms. Monika Kohli, Sr. AAG Vs.

INHABITANTS OF VILLAGE DHARANA AND TOPA SALWA TH NAZIR HUSSAIN AND ANOTHER

...Respondent(s)

Through: Mr. Mohsin Butt, Advocate

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

O R D E R 08-07-2025

Respondent Nos. 2 and 4 in WP(C) No.160/2024 are in appeal against an order dated 02.02.2024 whereby the Writ Court while issuing notice to the respondents though restrained the authorities to issue the final order of allotment but they were granted liberty to proceed with the tendering process pursuant to the impugned e-NITs.

Ex facie , year and a half has gone by since the impugned order dated 02.02.2024 was passed. Ms. Monika Kohli, learned Senior AAG informs us that the respondents have already submitted their statement of facts/objections. But even though vide order dated 02.02.2024 (ibid) the matter was posted for March 6, 2024, the same has not been listed so far. She submits that the matter is time sensitive and owing to the pendency of the writ petition and the order that is being assailed, the rights/interests of the respondent authorities are severely impaired.

Shameem Hamid Mir 2025.07.09 10:42 I attest to the accuracy and integrity of this document

We had heard the learned counsel for the parties at some length, when during the course of hearing they have reached a consensus that let the appeal be disposed of with the direction to the Writ Court to dispose of the matter within a specified time.

That being so, we are not required to delve any further into the merits. Accordingly, the Registry is directed to list the matter before the learned Single Judge on 18.07.2025 as per roster.

We are sanguine that considering the issue that requires determination by the Writ Court as also the right/interest of all the stakeholders to the lis , the learned Single Judge would make every possible endeavor to decide the petition at the earliest. The appeal is accordingly disposed of in the above terms.

CM/7000/2024

In the wake of the order of even date vide which the appeal itself has been disposed of, learned counsel for the parties are ad idem that no formal order is required to be passed and the same be disposed of in the same terms.

Ordered accordingly.

(RAJNESH OSWAL) JUDGE

(ARUN PALLI) CHIEF JUSTICE

SRINAGAR 08-07-2025

Shameem H.

Shameem Hamid Mir 2025.07.09 10:42 I attest to the accuracy and integrity of this document