S. No.

4
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR

WP(Crl) No. 668/2022

Molvi Abdul Rashid Sheikh …Petitioner(s)

Through: Mr Wajid Mohammad Haseeb, Advocate.

Vs.

UT of J&K and Anr. ...Respondent(s)

Through: Mr Faheem Shah, GA.

CORAM:
HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
21.11.2022
In terms of order dated 04.11.2022, the Deputy Commissioner
Anantnag, was directed to hold an enquiry and submit a report to this Court,
after it came to be noticed that service upon the respondents in the matter
had been awaited and that the counsel for the petitioner stated that reply
affidavit has been filed by the respondent Deputy Commissioner, Anantnag,
as also after Mr Faheem Shah, GA, counsel appearing for the respondents
denied to have either received para wise reply from the Deputy
Commissioner, in the case or else drafted or filed any reply affidavit to the
petition before this Court.
The enquiry has been conducted wherein it has been stated that as a
matter of routine after receiving notice from the Court online and in order to
avoid passing of any adverse orders draft/reply(s) are being prepared and
forwarded to appearing counsel for the Deputy Commissioner Anantnag,
and in the instant case as well draft reply was drawn and along with some
other replies came to be handed over to Mr Ilyas Nazir Laway, GA, for
onward transmission to Mr Faheem Shah, GA, appearing counsel.
Perusal of the enquiry report reveals that Mr Ilyas Nazir Laway had
stated that after receipt of the documents in the envelope from the concerned
official of the office of the Deputy Commissioner, Anantnag, the said
documents were kept by him in his chamber on the table whereafter he has
no information as to how the copy of the reply affidavit stated to be part of
the documents was handed over to the counsel for the petitioner that too
without any information or knowledge of the actual appearing counsel for
the respondents-Mr Faheem Shah. Mr Faheem Shah during the course of
enquiry has also stated that he had no knowledge about the documents
having been kept by Mr Laway on his table or else handing over the copy of
reply affidavit of the case claimed to have been received by the counsel for
the petitioner from the employee of the Advocate General’s office.
In view of the facts and circumstances of the case, it becomes
imperative to have an affidavit filed by the counsel for the petitioner by or
before the next date of hearing, indicating therein as to how copy of the
reply was delivered to him and on which date.
List on 13.12.2022.
In the meantime, counsel for the respondents Mr Faheem Shah, GA,
shall file counter affidavit with advance copy to the counsel for the
petitioner.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR
21.11.2022
Ishaq