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2020 DIGILAW 87 (JK)

Villagers Of Hamray v. Union Of India

2020-02-14

ALI MOHAMMAD MAGREY, TASHI RABSTAN

body2020
JUDGMENT Magrey, J. (Oral) - This Letters Patent Appeal is filed against the order passed on 20.12.2019 read with order passed on 24.12.2019 in CM No. 7571/2019, filed in pending CFA No. 19/2018 by the Respondent-Union of India, on the grounds detailed out in the appeal with particular reference that the orders passed by the learned Single Bench are uncalled for and not warranted in view of the fact that CM No. 01/2019 filed in CFA No. 19/2018, stands disposed of. 2. Briefly, the respondent-appellant (Union of India) filed Civil First Appeal (CFA) No. 19/2018, challenging the award of learned Additional District Judge, Baramulla and the Single Bench while considering the appeal and on examination of the records and after hearing the counsel for the parties, issued notice to the other side and in the meanwhile, in terms of order dated 09.10.2019, directed the Registry to remit 50% of the deposited amount to the Executing Court i.e. District Judge, Baramulla, with direction to the Executing Court to release the same in favour of eligible claimants after determining the entitlement of each of the claimant as per the award. 3. During pendency of CFA No. 19/2018, the respondents-appellant filed CM No. 7571/2019, seeking modification/vacation of order dated 09.10.2019 passed by the learned Single Bench in CM No. 01/2019. The learned Single Bench on consideration of the matter and while issuing notice to the other side, asked Registry to forebear from transmitting the amount deposited, which order was extended in terms order of passed on 24.12.2019. The appellants who are respondents in the Civil First Appeal, have questioned these orders on the grounds detailed out in the petition with particular reference that there is no scope for seeking modification of an order which is passed while disposing of the CM and has become the final order. 4. When this matter was being heard, learned counsel for the appellants submits that the deposited amount stand remitted to the Executing Court i.e. District Judge, Baramulla, immediately on the order passed by the learned Single Bench on 09.10.2019 and out of 72 claimants, it is stated that 47 claimants have already received the cheques, released by the Executing Court, however, the release of payment has been stopped by the Executing Court in favour of the remaining claimants merely because the learned Single Bench has passed orders on 20.12.2019 and 24.12.2019. 5. 5. Mr S.A. Naik, learned counsel appearing on behalf of respondents submits that the application filed before learned Single Judge is maintainable within the four corners of law and the respondents are justified in seeking modification/vacation of order, as releasing of amount will of course render the whole appeal as infructuous because the appellants are not entitled for the amount so deposited before the Registry of this Court. Mr Naik, learned counsel for the respondents further submits that the appellants have already been compensated while receiving payments as per their entitlement. 6. While considering this matter, We make it clear that this Court is not going to decide the matter on merits. We are only clarifying that in the event the Executing Court has stopped the payment merely because of the orders passed by the learned Single Judge in CM No. 7571/2019 on 20.12.2019 and 24.12.2019, the appellants are at liberty to approach the learned Single Judge by brining all these facts into its notice, for seeking clarification of the orders. 7. With the aforesaid observations, the instant LPA alongwith connected CM(s) shall stand disposed of accordingly.