Writ Petition Maintainable if Appellate Authority Vacant

Quick Summary

The High Court of Jammu & Kashmir ruled that a writ petition is maintainable if the position of the Appellate Authority is vacant. The court considered a case where an insurance company filed a writ of mandamus to compel a hearing for their appeal. Although the position was later filled, the court emphasised that the initial vacancy made the writ petition valid.

Court :
High Court of Jammu & Kashmir

Brief :
The Hon'ble High Court of Jammu & Kashmir in the case of Oriental Insurance Co. Ltd. v. Union Territory of J&K [Writ Petition (Civil) No. 3949 of 2019 dated April 29, 2024] dismissed the appeal the appeal as infructuous. M/s Oriental Insurance Co. Ltd. ("the Petitioner") had filed a writ of mandamus for commanding the Respondent to hear the appeal against the Assessment Order dated March 31, 2018, for 2013-14 ("the Impugned Order").

Citation :
Writ Petition (Civil) No. 3949 of 2019 dated April 29, 2024

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