When Writ Petition Dismissed In Default Is Restored, All Orders Passed Therein Are Automatically Revived: JKL High Court Reiterates
The Jammu and Kashmir and Ladakh High Court has recently reiterated that as corollary to the restoration of a writ petition, dismissed in default, all orders passed would automatically get revived and restored to the original position.
The remarks were made by Justice Javed Iqbal wani while hearing an application in terms if which the petitioner sought stay of an order dated 10.07.2018 whereunder private respondent namely Rubeena Begum had been allowed to perform her duties as helper in Anganwari Center.
In her plea, the applicant submitted that she had earlier filed a writ petition challenging the order of her disengagement and re-engagement of Rubeena Begum. The Court while considering the writ petition at its threshold had passed an interim order on 13.09.2013 staying her disengagement and directed her continuation as Anganwari helper till further orders.
Applicant further submitted that later in 2018 her writ petition got dismissed in default on 11.04.2018 and subsequently restored on 29.06.2022 to its original number. During the intervening period respondents issued order dated 10.07.2018 whereunder Rubeena Begum has been allowed to perform duties as Anganwari helper. It was this order which was being impugned by the applicant/petitioner.
Adjudicating upon the matter, Justice Wani observed that it was not in dispute that the Court, while considering the writ petition, passed the interim order staying petitioner's disengagement and directed her continuation as Anganwari helper till further orders.
"The said order in essence has been a final order, in that, the application for interim relief in terms of the said order stands disposed of. The said order having assumed finality upon disposal of the application for interim relief as also in view of the fact that the same has not been either thrown challenge to or else set aside in any proceedings",the bench explained.
Deliberating upon the issue and effects of the dismissal of a writ petition and its subsequent restoration to its original number, Justice Wani observed it is also an admitted fact that the said writ petition got restored on 29.06.2022 to its original number and as a corollary of the restoration of writ petition to its original number all orders passed would automatically get revived and restored to the original position.
It added, the respondents seemingly have overlooked this fundamental aspect and misdirected themselves while issuing order dated 10.07.2018 providing wrongly therein that the said order is issued pursuant to directions passed by the Court.
"The said order patently has been issued on misappreciation of facts and in breach of the order dated 13.09.2013 passed by this Court. The fallout of the issuance of the order dated 10.07.2018 by the non-applicant respondents would be rendering the petition of the petitioner infructuous leaving nothing to be adjudicated upon by the Court upon restoration of the petition of the petitioner", the bench elucidated
Accordingly the bench stayed the operation of impugned order dated 10.07.2018 with a further direction upon the respondents that the petitioner shall continue to work as Anganwari helper under and in terms of order passed by this Court on 13.09.2013.
Case Title : Mafooza Bano Vs State of J&K & Ors.
Coram : Justice Javed Iqbal wani
Counsel For Petitioner : Mr Umar Mir
Counsel For Respondent : Mr Sheikh Feroz DyAG
Citation: 2022 LiveLaw (JKL) 251