ALTAF AHMAD BHAT Vs. MANZOOR AHMAD BHAT

JUDGEMENT

(1.) This intra Court appeal, filed by the Appellant/ Respondent No.7 in the Writ Petition, is directed against the Order dated 23rd of December, 2021 passed by the learned Single Judge in the Writ Petition, being WP (C) No. 2685/2021; CM No. 8298/2021, filed by the Writ Petitioner/ Respondent No.1 herein, in terms whereof the Writ Court, while issuing notice to the other side, has directed as under:

(2.) Mr Shabir Ahmad Naik, the learned appearing Counsel for the Appellant, submitted that the learned Single Judge, while passing the Order impugned, which was ad-interim in nature and passed on the very first date of hearing, has virtually granted the whole relief in favour of the Writ Petitioner/ Respondent No.1 herein. It is contended that even though the Shop in dispute was sealed pursuant to valid orders from the competent authorities, yet, under the guise of the aforesaid Order passed by the learned Single Judge, the official Respondents de-sealed the said Shop and handed over the possession of the same to the Writ Petitioner/ Respondent No.1 herein. When asked, Mr Naik has further contended that the Appellant/ Respondent No.7 in the Writ Petition, besides filing Objections in opposition to the maintainability of the Writ Petition, has already filed an application for seeking vacation of the aforesaid Order dated 23rd of December, 2021 before the learned Writ Court, but same, till date, has not been considered.

(3.) Having heard the learned Counsel for the parties, coupled with the perusal of the pleadings on record and having regard to the fact that the Writ Petition is pending final consideration before the Writ Court wherein the Appellant/ Respondent No. 7 in the Writ Petition has already filed the application for seeking vacation of the Order impugned, we are of the considered view that the right and proper course for this Court, at this stage, would be to request the Writ Court to take up the application so filed by the Appellant/ Respondent No.7 in the Writ Petition for seeking vacation of the impugned Order and pass appropriate orders thereon after hearing all concerned. Accordingly, we dispose of this appeal on the following terms: