Jammu & Kashmir High Court
Bharat Bhushan Gupta vs Jammu Poonch Bus Service & on 21 December, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 39
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CM(M) No. 280/2024
CM No. 7469/2024
CM No. 7468/2024
CAV No. 2420/2024
Bharat Bhushan Gupta .....Petitioner(s)
Through: Mr. Ankur Sharma, Advocate
Mr. Satyam Arora, Advocate
Mr. Sachin Raina, Advocate.
Vs
Jammu Poonch Bus Service &
Ors.
.....Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(21.12.2024)
01. The petitioner is the plaintiff in a civil suit filed before the
court of Sub-Judge, Jammu. Suit is for mandatory injunction
aimed for getting the conduct of elections of Jammu Poonch
Bus Service Association.
02. The trial court of Sub-Judge, Jammu by virtue of an order
dated 19.12.2024, has come to decline temporary injunction
application of the plaintiff/petitioner leaving the petitioner
aggrieved by the manner in which the exercise of jurisdiction
at the end of the Sub-Judge, Jammu has been carried out
that acting at the back of the petitioner/plaintiff, the trial
court came to entertain from the end of the
respondents/defendants photocopy of an order dated
17.12.2024 and an order dated 16.12.2024 and getting
2 CM(M) No. 280/2024
CM No. 7469/2024
CM No. 7468/2024
CAV No. 2420/2024
influenced in its adjudication resulting in form of impugned
order dated 19.12.2024.
03. Learned counsel for the petitioner submits that although the
petitioner has a remedy of miscellaneous appeal under Order
43 rule (1)(r) against the impugned order dated 19.12.2024
but it is the manner in which the exercise of jurisdiction by
the Sub-Judge, Jammu that the petitioner is venturing to get
supervisory jurisdiction of this Court invoked under article
227 of the Constitution of India.
04. There is purported caveat filed in the case in the name of
Jammu Poonch Bus Service through its Chairman, Rajinder
Kumar Sharma though Advocate Mr. V. S. Saini & Associates.
The caveat is not meant for this particular case given the fact
that the caveat is general in its text and context that any
suit/appeal/revision/petition/application or any other
proceedings before this Court, if filed, by the non-caveator
i.e., the petitioner herein then the caveator be given a right of
hearing. Such like caveat petition admits of no entertainment
when the caveator itself is not sure as to against which
adjudication or regarding which particular matter the caveat
is being lodged. The caveat is dated 12.12.2024 whereas the
impugned order is 19.12.2024. Hence caveat is dismissed.
05. Issue notice to the respondents.
06. Petitioner to furnish registered postal covers for the service of
the respondents, whereupon the notice to go to respondents.
07. List again on Tuesday i.e., 24.12.2024.
08. In the meantime, it is directed that election exercise with
respect to conduct of election of office bearers of Jammu-
3 CM(M) No. 280/2024
CM No. 7469/2024
CM No. 7468/2024
CAV No. 2420/2024
Poonch Bus Service Association shall remain stayed and no
exercise to be undertaken. This order is, however, subject to
objections from the other side and till next date of hearing.
09. It has been observed in the impugned order that the exercise
of election of the Jammu Poonch Bus Service Association is
being conducted under the supervision of the District Election
Officer who is District Magistrate (DM), Jammu.
10. Service of this order be carried out by the Additional Deputy
Commissioner (Adm.), Jammu for the notice and compliance
for ensuring that the election under the purported supervision
of the District Magistrate (DM), Jammu being hereby stayed
does not take place.
11. Service affidavit with respect to this order on the Additional
Deputy Commissioner (Adm.), Jammu be placed on record by
Monday i.e., 23.12.2024.
12. A copy of this order be provided to the learned counsel for the
petitioner under the seal & signatures of the Bench Secretary
of this Court.
(RAHUL BHARTI)
JUDGE
JAMMU
21.12.2024
Bunty
Bunty Kumar
2024.12.21 17:45
I attest to the accuracy and
integrity of this document
Jammu