Mohammad Salim Malik v. State of Jammu and Kashmir
2015-05-11
DHIRAJ SINGH THAKUR, N.PAUL VASANTHAKUMAR
body2015
DigiLaw.ai
JUDGMENT : N. Paul Vasanthakumar, J. Caveat discharged. 1. This appeal is filed against the interim order made in CMP no. 2649/2014 in OWP no. 1605/2014 dated 20.04.2015 refusing interim stay to the appellant. However, while disposing of the CMP, it was specifically mentioned that if NOC is issued in favour of respondent no. 10 by the Government for setting up retail outlet/petrol pump on the subject land, the same shall be subject to the outcome of writ petition and respondent no. 10 may set up the retail outlet/petrol pump at his own cost, risk and responsibility, provided he furnishes an undertaking to the satisfaction of Registrar Judicial of High Court, Srinagar. It was further provided in the order that in the event appellant succeeds in his case, respondent no.10 shall remove the structure, if any, raised on his own and restore the site of proposed retail outlet/petrol pump. 2. Since we do not find any reason to interfere with the order of the learned Single Judge, we are not inclined to entertain the appeal. 3. The appeal is dismissed. However, Registry is directed to list the main writ petition before the Writ Court for disposal on 03.06.2016. Counter affidavit be filed by the respondents in the writ petition before the end of this month.