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news details
Writ court order set aside in temple, Jammu Club case
2/16/2017 11:10:52 PM
Early Times Report
Jammu, Feb 16: In a LPA filed by Pipleshwer Shiv Mandir Management Committee against the writ court judgment whereby it had dismissed the petition, seeking to quash the December 4, 2004 order of JDA vice-chairman allotting 4 kanals 3 marlas and 178 sft of land to Jammu Club and the September 20, 2004 communication of HUDD in this regard, a high court divison bench of Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today set aside the order on limited ground.
The judges said they were not expressing their view on the merit of the case and all the issues were left open to be raised and decided by the writ court.
Setting aside the writ court order, the bench observed that in the amended writ petition, appellant had raised all the issues raised in this appeal and during the hearing of petition, the single judge, by interim order, had directed to explain certain facts as referred to above. Replies were also filed by the respondents in answer to these issues.
"In such circumstances, the Jammu Club counsel is not justified in contending that the issues raised in this appeal are beyond the prayer made in the writ petition and it is also an admitted fact that the issues which were raised during the course of hearing in 2012 and 2013 are relevant to be decided in the writ petition with regard to sustainability of the orders impugned in the writ petition as well as the relief sought for by the appellant. On perusal of the writ court order, we are satisfied that the issues, which were pleaded in the writ petition as per the amended prayer and those raised during the course of arguments, specifically as per orders of December 4, 2012 and March 13, 2013 are not been answered," ehe bench said.
"Technicalities of procedure are not available in writ proceedings and applying the said principle to the facts of this case, we are of the view that without going to the merits and the contentions raised by the senior counsels appearing for the appellant and Jammu Club and the counsels appearing for the official respondents, it is appropriate to set aside the writ court order and remand the matter, leaving issues open to be raised and argued before the writ court for consideration. As we are setting aside the order on this limited ground, we are not expressing our view on the merit of the case and all the issues are left open to be raised and decided by the writ court," the bench said.
With these observations, the bench disposed of LPA and directed that till a fresh decision was taken by the writ court, status quo, as on today, shall be maintained.
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