J&K High Court has directed the authorities passing quasi-judicial or administrative orders to mention on the preface of such orders the authority before whom they can be challenged.
Division bench of Chief Justice Gita Mittal and Justice Rajesh Bindal passed orders on an appealagainst a single bench order in a revenue matter.
“All the authorities under different statutes in the state,who pass the quasi-judicial order or even administrative orders against which astatutory remedy is provided under the applicable law and a period oflimitation also
prescribed, shall mention on the preface of the order itselfabout the authority before whom the order can be challenged in appeal or by wayof any other remedy and also the period of limitation for the purpose (sic),”the bench said.
This, the court said, was necessary to avoid generation ofunnecessary litigation and “forum hunting” by the parties.
Underscoring that there is a widespread practice prevalentamongst officers of J&K Union Territory to exercise powers, which are notvested in them, the court said it shall be mandatory for them to specify in theorder, the provisions of the relevant Statutes or Rules under which the orderis passed.
The court directed that copy of its order be sent to theChief Secretaries of J&K and Ladakh for circulation to the concernedofficers for compliance.