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Karanjeet Singh And Ors vs Rohit Khajuria And Anr
2021 Latest Caselaw 837 j&K

Citation : 2021 Latest Caselaw 837 j&K
Judgement Date : 6 August, 2021

Jammu & Kashmir High Court
Karanjeet Singh And Ors vs Rohit Khajuria And Anr on 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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