Citation : 2021 Latest Caselaw 837 j&K
Judgement Date : 6 August, 2021
Sr. No. 214
(After Notice Cause list)
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CPOWP No. 183/2017
IA No. 01/2017
Karanjeet Singh and ors. .....Appellant(s)/Petitioner(s)
Through: S. Surinder Singh, Advocate
Vs
Rohit Khajuria and anr. ..... Respondent(s)
Through: Mr. Adarsh Sharma, Advocate
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
ORDER
Statement of facts has been filed wherein it is contended that in
compliance to the directions passed by this Court, a Committee was
constituted by the Deputy Commissioner and the Committee returned its
finds to the Deputy Commissioner, who accepted the Committee report
and vide order dated 02.03.2017 informed the answering respondents in
that regard.
It is further contended that the respondents thereafter challenged
this order/report of Committee, before the competent authority i.e. the
Divisional Commissioner (Revenue), J&K, Jammu, by filing an appeal
titled "Jammu Development Authority Vs Deputy Commissioner & ors"
and the same is still pending.
Once the report of the Committee has been accepted by the
Deputy Commissioner in terms of the directions issued by this Court, the
respondents had left with no other option but to hand over the possession
of the land in question to the petitioners, while complying with the
directions issued by this Court vide judgement and order dated 30.09.2016
passed in OWP No. 1103/2014. The respondents cannot avoid complying
with the directions passed by this Court, merely on the ground that the
appeal is pending before the Divisional Commissioner (Revenue).
In the interest of justice, reluctantly, further last and final
opportunity of two weeks' is granted to the respondents to comply with the
judgment and order dated 30.09.2016 passed in OWP No. 1103/2014.
Copy of this order be supplied to respondent No. 1 for
compliance and report.
List again on 31.08.2021.
(Tashi Rabstan) Judge Jammu 06.08.2021 Muneesh
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