LAWS(J&K)-2002-3-24

BABU RAM Vs. STATE

Decided On March 14, 2002
BABU RAM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PETITIONER has come to this Court seeking a writ of prohibition calling upon the respondents not to go -ahead with the enquiry said to have been initiated on an application preferred by respondent No. 4. It is submitted that on the basis of the said application preferred by respondent No. 4 the question as to whether the petitioner was given a valid State Subject certificate is going to be re -examined. This certificate was given to the petitioner in the year 1985. Copy of this is Annexure A. It is submitted that this certificate, if is to be withdrawn, then this can be done only following the procedure as indicated in the Jammu & Kashmir Grant of Permanent Resident Certificate (Procedure) Act. 1963.

(2.) IT is not being disputed that once a certificate is granted, it can be revoked. The said power, however vests with the Government This is apparent from Section 6 of the aforesaid Act. For failing of reference this action is reproduced below:

(3.) IN the present case, it be seen that no prejudicial order has been passed against the petitioner so far.