Nazir Ahmad Dalal and Others v. Union of India and Others

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2017 Supreme(Online)(J&K) 3

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
TASHI RABSTAN, J
Nazir Ahmad Dalal and Others v. Union of India and Others

Table of Content
1. writ petition initiation and purpose. (Para 1 , 2 , 3)
2. discussion on maintainability based on alternative remedies. (Para 4 , 5 , 6 , 8)
3. legal principles regarding interference by high courts. (Para 9 , 10 , 11)
4. court’s decision on jurisdiction and resulting dismissal. (Para 12 , 13)
5. final ruling on summary dismissal of the petition. (Para 15 , 16 , 17)

1. This writ petition came up for consideration on 6th April 2016. During course of argument, its maintainability was a starting - point preliminary objection fervently taken by learned counsel for respondents. Having taken preliminary objection as regards maintainability of writ petition and on consensus of learned counsel for parties, the writ petition was heard and reserved for orders.

2. Instant Writ Petition has been filed under Art.226 of the Constitution of India and S.103 of the Constitution of Jammu and Kashmir . Petitioners seek issuance of writ of certiorari to quash order dated 28th May 2014 passed by Chief Judicial Magistrate, Srinagar, (for brevity 'Trial Magistrate'), besides other reliefs. It would be advantageous to reproduce the relief sought by petitioners in writ petition;

a) Issue a writ

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2017 Supreme(Online)(J&K) 3

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKHTASHI RABSTAN, JNazir Ahmad Dalal and Others v. Union of India and Others

Cases Referred (4)

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
TASHI RABSTAN, J
Nazir Ahmad Dalal and Others v. Union of India and Others