Sr. No. 8
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
LPA No. 267/2024
In [WP(C) No. 2543/2024]
CM NO. 7614/2024
CAV No. 2394/2024
Harbans Lal, age 73 years Appellant/Petitioner(s)
…..
S/O Late Sh. Radha Krishan
R/O Haripur Brahmana
Tehsil Hiranagar
District Kathua, through Power of Attorney
Holder
Sanjeev Mathur, Age 34 yrs
S/O Lt. Sh. Kasturi Lal
R/O Karol Mathrian, Tehsil Hiranagar
District Kathua, J&K
Through: Mr. Aseem Sawhney, Advocate.
Vs
1. Satya Paul S/O Late Sh. Deep Chand
.…. Respondent(s)
R/O Village Sanyal, Tehsil Hiranagar
District Kathua
2. Regional Director Survey and Land
Record Udhampur (With the Powers of
Commissioner Agrarian Reforms, Kathua).
3. Tehsildar Hiranagar
Office of Tehsildar Hiranagar
Through: Mr. R K Thakur, Senior Advocate with
Mr. Vashran Thakur, Advocate.
Coram: STICE
HON’BLE THE CHIEF JU
MA CHOWDHARY, JUDGE
HON’BLE MR. JUSTICE
ORDER
31.12.2024
CAV No. 2394/2024
With the appearance of Mr. R K Thakur, learned senior counsel
assisted by Mr. Vashran Thakur, learned counsel for the caveator, CAV No.
2394/2024 stands discharged.
LPA No.267/2024, CM No.7614/2024
1. The present Letters Patent Appeal is directed against the order dated
25.10.2024 passed by the learned Single Judge in WP(C) No. 2543/2024 titled
2 LPA No. 267/2024
‘Satya Paul v. Regional Director Survey and Land Record Udhampur & Others’
whereby interim order has been passed.
2. It is submitted by Mr. Aseem Sawhney, learned counsel for the
appellant that the appellant herein has filed caveat on 18.09.2024 before the
High Court which was registered with CNR No.JKHC02C018112024, Caveat
filing no. 1811/2024 dated 18.09.2024. It is also submitted that copy of caveat
was also sent by a registered post to the non-appellant/respondent namely Sh.
Satya Paul.
3. It is submitted by the learned counsel for the appellant that despite
filling caveat, the appellant herein had not received any notice and the impugned
order has been passed ex parte by the learned Single Judge. Learned counsel for
the appellant submits that Section 148-A CPC read with the J&K High Court
Rules has been violated in this case.
4. Since the order impugned dated 25.10.2024 directs stay of the order
dated 17.09.2024 and also directs parties to maintain status quo, however, the
order, which is impugned herein, is till the next date of hearing, that too, subject
to any vacation/modification upon consideration of objections/arguments, we
without expressing any opinion on the merits of the case, dispose of the appeal
by advancing the date of hearing in WP(C) No. 2543/2024. The new date of
hearing in WP(C) No. 2543/2024 would be 02.01.2025, instead of already
appointed date.
5. Mr. Aseem Sawhney, learned counsel for the appellant submits that he
may be allowed to lay motion for modification/recalling of the impugned order
before the learned Single Judge.
3 LPA No. 267/2024
6. Be that as it may, learned counsel for the appellant may lay motion
seeking modification/recalling of the order impugned during the course of day
with advance copy to the other side.
7. We request the learned Single Judge to consider motion seeking
modification/recalling of the impugned order, if any, accordingly.
8. List WP(C) No. 2543/2024 as above.
9. The appeal along with connected applications stands disposed of.
( ( MA Chowdhary) (Tashi Rabstan)
Judge Chief Justice
Jammu
31.12.2024
Raj Kumar