The principles which govern the grant of interim relief in a legal proceeding in a writ petition under Article 226 of the Constitution of India follow the same spirit and sense as the ones contemplated under Order 39 Rule 1 & 2 of the Code of Civil Procedure (CPC).: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 26th of September, 2022 in which the court dismissed the petition. This was seen in the case of Hindu Bhushan And Others vs Commissioner/Secretary (WP(C) No. 1679/2021 CM Nos. 7365/2021, 6554/2021 & 7516/2021). The case was presided over by The Honourable Mr Justice Rahul Bharti.
FACTS OF THE CASE:
Through the medium of this petition, the petitioners have made a prayer that pending disposal of their writ petition a stay order with regard to land and a common passage land be passed. For claiming the aforesaid interim relief the petitioners are alleging that raising of construction at the said site is a violation of the law.
In the reply-cum-objections filed by the respondent it has been clearly averred that upon its acquisition the Department came to undertake the physical development of the acquired land which in the course of time came to be in the form of coming up of an administrative block functional since 2010, the auction shed of, lavatory block, inlay of roads, a water tank facility in addition to the fencing of the said land, which made the fruit mandi functional at the site from the year 2015 onwards. To this aspect of the physical status of the land so obtaining, the petitioners have not referred or reflected anything in their writ petition or by any rejoinder to dispute the said fact.
The Court was not tempted to accept the bona fide of the petitioner as such. The Court refrained from addressing anything on the main merits of the writ petition and has made the needful observations only to the extent required for the purpose of dealing with the said petition, which was, accordingly, found to be misconceived and hence dismissed.
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JUDGEMENT REVIEWED BY KRITI GUPTA