SANJEEV PARGAL Vs. MADHU PARAM HANS

JUDGEMENT

(1.) JUDGMENT and order dated 04.09.2014 rendered by a learned Single Judge dismissing a petition filed under Section 104 of the Constitution of Jammu and Kashmir has been made subject matter of challenge in the instant appeal by invoking Clause XII of the Letter patent.

(2.) AT the outset we asked Mr. V.R. Wazir, learned senior counsel as to how against an order passed on a petition filed under Article 227 of the Constitution of India read with Section 104 of the Constitution of Jammu & Kashmir would be maintainable. In response to our query, Mr. Wazir has placed reliance on a Division Bench judgment rendered in the case of Sudershana Gupta and anr. v. Girdhari Lal, : (2013) 3 JKJ 547 and argued that the appeal would be maintainable.

(3.) The aforesaid authoritative pronouncements by Hon'ble the Supreme Court have binding effect under Article 141 of the Constitution of India as it is law declared by the Supreme Court. Therefore, the conclusion is evident that the appeal is not maintainable. The judgment of the Division Bench or any other judgment to the contrary on which reliance has been placed by Mr. Wazir are held to be per incuriam and cannot have a binding force. Accordingly, it is held that the appeal is not maintainable and on that account it is dismissed.