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| DB issues notice to CS & Ors, grants two weeks time to file status report | | Plea challenging validity of law restricting sealing, demolition of illegal structures | | Early Times Report
Jammu, Apr 24 : In a petition filed by Jaspinder Singh challenges the constitutional validity of an Act passed by the State Legislative Assembly of Jammu and Kashmir known as the Jammu and Kashmir Civic Laws (Special Provision) Act, 2014, a Division Bench issued notice to Chief Secretary and ors and asked respondents to file status report within two weeks time. After going through the petition Division Bench observed that it is well settled that the jurisdiction of the Courts, Legislature and Executives have been delineated by the Constitution. The orders passed by the Court cannot be tested by the Legislature by acting as a Court of appeal, which remedy is available only before the Apex Court. Such an action, according to the petitioner is patently against the basic structure of the Constitution and has to be declared ultra vires, court observed and issued notice to Chief Secretary and ors which was accepted by AAG Seema Shekhar and she requested for some time to file reply. Division Bench granted two weeks time to file status report.(JNF) |
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