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| DB imposes Rs 3000 on state for granting opportunity | | | early times report
Jammu, July 21: Division Bench of Jammu & Kashmir High Court Jammu wing comprising Justice Virender Singh and Justice JP Singh in a letters patent appeal (LPA) imposed costs of Rs 3000/- to be paid to the appellant in the Court itself on the next date of hearing.
Appellant Rajesh Gupta, who was Incharge Executive Engineer Rural Development Engineering Wing, Kathua, who retired prematurely on April 26, 2005 being a "dead-wood", the petitioner challenged the order on various grounds in the High Court, the writ Court on January 29, 2008 dismissed the petition, the petitioner seeking setting aside the same.
Division Bench after hearing Sr. Adv DC Raina with Adv Vikas Magotra appearing for the appellant whereas Gagan Basotra AAG vice Mr. MI Qadiri Advocate General appeared for the respondent state observed that Basotra should have not made a request for an adjournment in this case, knowingly very well that last three orders dated April 13, 2010, May 10, and June 2 passed by this Court where lapse on the part of the state is projected are starring at him, but keeping in view the totality of the facts and circumstances, DB acceded to the request of Mr. Basotra AAG and defered the hearing of the appeal for a week subject to costs of Rs 3000/- to be paid to the appellant in the Court itself on next date of hearing.
At this stage Sr. Adv DC Raina submitted that some actual date may be fixed in this case and too higher-up in the list, upon this DB agreed and directed the Registry to list again on Monday July 26, 2010. --JNF
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