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HC stays operation of Special Tribunal order in grind wheat case
6/19/2009 11:56:30 PM
Early Times Report
Jammu, June19- Vacation Judge of J&K High Court Jammu Wing Justice JP Singh today stayed the operation of order dated June 12, 2009 and all further proceedings before the J&K Special Tribunal till further orders. Directorate of CAPD had invited sealed tenders from registered roller flour mills with a minimum grinding capacity of 1000 mts per month for grinding wheat into Atta of Jammu Division for the year 2009-2010 which was stayed by the Special Tribunal.
Aggrieved by the order of Special Tribunal dated June 12, 2009, CAPD had filed this petition through Adv BS Salathia challenged the order on several grounds.
Justice Singh, after hearing Advocate BS Salathia appearing for the petitioner and Advocate Sudershan Sharma appearing for the mill owner, observed that prima-facie court is of the view that the Tribunal has acted without jurisdiction in entertaining the respondent’s petition and staying the operation of the tender notice issued by the Director CAPD. The Special Tribunal exercising the powers of appeal and revision, which may be vested in the Government under any law for the time being in force, cannot thus entertain petitions like the one which the respondent had moved to seek adjudication of the disputes, which may not even otherwise be cognizable by the Tribunal and admitted to petition to hearing and issued notice which was accepted by Advocate Sudershan Sharma for the respondents and stayed the operation of order dated June 12, 2009 and all further proceedings before the J&K Special Tribunal until further orders. JNF
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