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2017 DIGILAW 702 (JK)

J and K Ex-Servicemen League v. State

2017-08-21

ALOK ARADHE, B.S.WALIA

body2017
JUDGMENT : Alok Aradhe, J. Heard on the question of admission. This inter court appeal has been filed against the judgment dated 05.05.2017 passed by the learned Single Judge by which the writ petition preferred by the appellant has been dismissed. 2. Facts giving rise to the filing of this intra court appeal briefly stated are that the appellant had filed the writ petition seeking writ of prohibition restraining the respondents from creating any obstruction in the movement of the members of the association and their vehicles through the underpass of Railway under-bridge No.210 at Village Patti of Bari Brahmana and Vijaypur Section of the railway line. The aforesaid writ petition has been dismissed vide order dated 05.05.2017 by the learned single Judge by taking into account the reports of the revenue officers as well as the fact that the disputed questions of facts cannot be adjudicated in a writ petition. 3. When the matter was taken up today, learned counsel for the appellant submitted that this appeal be disposed of with the direction to the District Development Commissioner, Samba to consider the representation which has been made by the appellant on 09.12.2013 by a speaking order within fixed time limit. The aforesaid prayer has not been opposed by the learned counsel for the respondents. 4. In view of the aforesaid submission made by learned counsel for the appellant, the order dated 05.05.2017 passed by the learned Single Judge is modified and it is directed that the District Development Commissioner, Samba shall decide the representation dated 09.12.2013, if not already decided by a speaking order within a period of four weeks from the date of receipt of certified copy of the order passed today. 5. With the aforesaid direction, the appeal is disposed of along with connected MP.