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2016 Supreme(J&K) 660

DHIRAJ SINGH THAKUR, BANSI LAL BHAT
Muhammad Yousuf Allai – Appellant
Versus
Javaid Ahmad Geelani – Respondent


Advocates Appeared:
For the Appellant :M/s M.C. Dinghra, Advocate and M.K. Pandita, Advocate
For the Respondents:M/s Z.A. Shah, Sr. Advocate with Mr. I. Sofi, Advocate, Mr. B.A. Dar, Advocate, Mr. Majid Jahangir, Advocate and Mr. A. Amin, Advocate

JUDGMENT :

Dhiraj Singh Thakur, J.

The present Letters Patent Appeals have been preferred against the judgment and order dated 06.06.2008 by virtue of which the writ court decided the writ petitions bearing SWP Nos. 973 of 2000 and 1755 of 2000 by way of a common order.

2. With a view to understand the controversy in its correct perspective, it is necessary to give in brief a few material facts.

LPA No. 110/2008

3. Appellant-Muhammad Yousuf Allai came to be selected as a Munsiff under the RBA category pursuant to notification dated 14.05.1998 issued by the Public Service Commission based upon the claim of the appellant that he was resident of village Rakhsahilvat, which was scheduled as a backward area in terms of SRO 126 of 1994.

4. The selection of the appellant forms the genesis of the litigation in the present case primarily on the ground that the said appellant was in fact a permanent resident of Village Mirgund and that he had fraudulently obtained the certificate with a view to get the benefit of reservation provided for residents of village Rakhsahilvat.

SWP No. 1724/1999

5. The appellant's selection was challenged for the first time in SWP No. 1724/1999, by Riyaz Ahmad Gada, who,








































































































































































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