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2014 DIGILAW 635 (HP)

Giri Vidya Gyan Jyoti Anathalaya Trust v. State of H. P.

2014-05-24

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT Mansoor Ahmad Mir, ACJ (Oral) CMP No. 7644 of 2014 Leave granted. The application is disposed of. CWP No. 3565/2014 2.Issue notice. Mr. Kush Sharma, learned Deputy Advocate General waives notice on behalf of the respondents. 3.By the medium of the present writ petition, the petitioner has sought quashment of Annexure P-16, dated 17.4.2014 and Annexure P-1 8, dated 15.5.2014, whereby the petitioner was directed to shut down its children home. 4.The moot question is-whether the writ petition is maintainable or not, we leave this question open. 5.In view of Section 52, contained in Chapter V of the Juvenile Justice (Care and Protection of Children) Act, 2000, hereinafter referred to as “the Act”, an appeal shall lie to the Court of Sessions, against an order made by a competent authority under the provisions of this Act, within thirty days from the date of such order. 6.According to the learned Counsel for the petitioner the impugned order(s) has been passed in terms of Section 34(3) of the Act and prayed that the impugned order be stayed enabling him to seek appropriate remedy . 7.Accordingly, the writ petition is disposed of alongwith all pending applications, by providing that the petitioner is at liberty to seek appropriate remedy by or before 2.6.2014. Till then, the impugned order(s) is stayed in the interest of children/juveniles.