SRINAGAR, Sept 11: High Court has dismissed the petition seeking quashment of J&K State Reorganization Act, 2019.
After hearing petitioner Abdul Gani Bhat in person and ASGI Tahir Majid Shamsi for the Union of India, Justice Ali Mohammad Magrey observed, “the Registry of the court has reported that the writ petition was defective inasmuch as copy of the Act impugned by the petitioner in the petition had not been appended with the petition”.
“In this connection, a notice was issued to him by the Registry on 19.08.2019 pointing out to him the deficiency and requiring him to remove the same in terms of Rule 88(1) of the J&K High Court Rules, 1999. The record further depicts that copy of the notice was duly received by the petitioner on the same day but he has not removed the deficiency till date”, Justice Magrey said, adding “not only that, none of the orders, Acts or laws spoken of in prayer clause (iii) of the petition have been specified by him nor have copies thereof been placed on record of the petition”.
“ASGI has submitted that the Supreme Court is seized of the matter in numerous writ petitions on the same subject(s), raising similar, identical or akin grievances and involving more or less same prayers, which have been posted for hearing before the Constitutional Bench of the Apex Court and are likely to be taken up for hearing very shortly as such this petition needs not be entertained”, High Court said.
“There are two options available to this court: first being to adjourn this petition and to wait for the final decision of the Supreme Court and the second is to dispose of this writ petition leaving the petitioner free to approach the Supreme Court to file a separate writ petition”, Justice Magrey said, adding “whatever be the decision of the Supreme Court in the writ petitions pending before it, this court after such decision would not be in a position to add or subtract anything there from even if the petitioner may have something valuable in law to put across”.
Accordingly, High Court dismissed the petition.