Jammu & Kashmir High Court - Srinagar BenchGhulam Jeelani Khan vs J&K Spl. Tribunal & Ors on 29 October, 2022Author:Moksha Khajuria KazmiBench:Moksha Khajuria KazmiItem No. 138\n                                                                           Supp. List\n\n\n\n                      HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                                   AT SRINAGAR\n                                       WP (C) No. 2392/2022\n                                       CM No. 6018/2022 c/w\n                                       Caveat No. 2136/2022\nGhulam Jeelani Khan\n                                                              ...Petitioner/Applicant(s)\n                            Through:    Mr. Arfar Rashid Lone, Advocate\n                                                   Vs\nJ&K Spl. Tribunal & Ors.\n                                                                          ... Respondent(s)\n                            Through:    Mr. Moomin Khan, Advocate.\nCORAM:               HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE\n                                            ORDER29.10.2022\n             Mr. Moomin Khan, Advocate who is on caveat enters appearance and\nwaives notice on behalf of the respondents. Caveat discharged.In the instant petition, petitioner challenges the order dated 15.09.2022,\npassed by the respondent No. 1 in review petition titled "Ghulam Jeelani Khan\nvs. SMC & Ors and order dated 28.10.2021, passed in appeal tiled "Ghulam\nJeelani Khan vs. Commissioner, SMC & Ors". whereby, the review petition and\nthe appeal filed by the petitioner has been dismissed.Perusal of the impugned orders passed by the respondent No. 1 in the\nreview petition as also in appeal reflects that both the orders have not been\npassed by the J&K Special Tribunal on merits and therefore, prima-facie\nwarrants indulgence. However, at this stage counsel of the parties made a joint\nrequest to the Court that the matter may be remanded back to the JK Special\nTribunal.Accordingly, on the consensus of learned counsel for the parties and\nwithout commenting on the merits of the writ petition, order dated 15.09.2022,\npassed by the respondent No. 1 in review petition titled "Ghulam Jeelani Khan\nvs. SMC & Ors and order dated 28.10.2021, passed in appeal "Ghulam Jeelani\nKhan vs. Commissioner, SMC & Ors". are hereby quashed and the matter is\nremanded back to the J&K Special Tribunal for fresh adjudication on merits\nas expeditiously as possible, preferably within a period of three months, till\nthen no adverse action shall be taken against the petitioner.Disposed of.(MOKSHA KHAJURIA KAZMI)\n                                                                         JUDGE\nSRINAGAR\n29.10.2022.Ab. Rashid