CUSTODIAN Vs. MEMBER SPECIAL TRIBUNAL
LAWS(J&K)-1993-11-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 23,1993

CUSTODIAN, APPELLANT Appellant
VERSUS
MEMBER, SPECIAL TRIBUNAL Respondents

JUDGEMENT

KOUL, J. - (1.)This Letters Patent Appeal has arisen out of the order of learned single Judge dated 5-6-1992, whereby the writ petition No. 581/91 titled Gh. Modh v. Special Tribunal and others was allowed and the order of the Special Tribunal dated 14-9-1990 remanding the case to the Custodian for fresh enquiry, was quashed.
(2.)On the institution of the appeal, there was divergence of opinion between the two learned Judges of this Court before whom this appeal came up for consideration of admission and, in view of brother Rizvi J., the appeal was not maintainable, but on the contrary brother Khan J. was of the opinion that the matter required a detailed consideration for which notice was given to other side. The matter, therefore, was referred to the Lord Chief Justice under Rule 23 of the J. and K. High Court Rules and the third Judge i.e. brother V. K. Gupta J. agreed with the view of brother Khan J. in observing that the appeal be placed before a Division Bench for consideration, so that a formal order of issuance of notice of show cause was issued to the respondents by the Division Bench itself. Hence the notice was given to the respondents, who appeared.
(3.)Heard learned counsel for the parties for the purpose of admission of this LPA, as also the learned counsel for the intervener on the question of transposition of the respondent No. 5 as appellant in the case. Also heard Mr. Seth appearing for Environment Protection Society, Jammu.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.