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IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Alok Aradhe, Sanjeev Kumar, JJ.
Dr. Mohd. Asgar – Appellant
Versus
Shafqat Hussain Khan and Others – Respondents
LPASW No. 182 of 2016 & MP No. 01 of 2016
Decided On : 09-08-2017
Jurisdiction - Maintainability of Writ Petition - The court held that the question of jurisdiction being a pure question of law can be raised at any stage of the proceedings. The objections raised by the appellant with regard to the maintainability of the writ petition were not considered by the learned Single Judge, and the appropriate remedy for the appellant is to file an application for review of the order.
Fact of the Case:
The appellant challenged the validity of the order passed by the learned Single Judge in SWP No. 2939/2015, raising objections regarding the maintainability of the writ petition.
Finding of the Court:
The court found that the objections raised by the appellant were not considered by the learned Single Judge and held that the question of jurisdiction can be raised at any stage of the proceedings. The appellant was granted the liberty to file an application for review of the order with the benefit of the principle contained in Section 14 of the Limitation Act, 1963.
Issues: The issues revolved around the maintainability of the writ petition and the consideration of objections raised by the appellant.
Ratio Decidendi: The court emphasized that the question of jurisdiction can be raised at any stage of the proceedings and that the objections raised by the appellant should have been considered by the learned Single Judge.
Final Decision: The appeal was disposed of with the appellant being granted the liberty to file an application for review of the order with the benefit of the principle contained in Section 14 of the Limitation Act, 1963.
1. In this Intra Court Appeal, the appellant has assailed the validity of the order dated 11th August, 2016 passed by the learned Single Judge in SWP No. 2939/2015.
2. When the matter was taken up today, learned senior counsel for the appellant submitted that the appellant in its objections filed before the learned Single Judge has raised an objection with regard to the maintainability of the writ petition on the ground that respondent No. 4 is not covered under Article 12 of the Constitution of India as well as the other grounds. However, without adverting to the grounds raised by the appellant in its preliminary objections, the writ petition has been decided.
3. On the other hand, learned counsel for the respondent No. 1 submits that no objection was taken with regard to the maintainability of the writ petition.
4. We have considered the submissions made by the learned counsel for the parties. Needless to state that the question of jurisdiction being a pure question of law can be raised at any stage of the proceedings. Therefore, the submission made on behalf of respondent No. 1 that the appellant is precluded from raising an objection with regard to the maintainability of the writ petition is misconceived. From the perusal of the order passed by the learned Single Judge, we find that the objections taken on behalf of the appellant in its preliminary objections have not been considered by the learned Single Judge while passing the order dated 11th August, 2016. In view of law laid down by the Supreme Court in AIR 1982 SC 1249 and in the fact situation of the case, the appropriate remedy for the appellant is to file an application for review of the aforesaid order passed by the learned Single Judge.
5. Needless to state that in case, appellant files an application for review of the aforesaid order, he shall be entitled to the benefit of the principle contained in Section 14 of the Limitation Act, 1963 insofar as it pertains to computation of the period of limitation.
6. With the aforesaid liberty, the appeal is disposed of.
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