Mohd. Illyas vs
2021 Latest Caselaw 912 j&K

                                                                     S. No.8
                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU


                                                OWP No. 258/2012 (O&M)



Mohd. Illyas                                            ...Appellant/Petitioner(s)

                     Through :- Mr. Mohit Vaid, Advocate
                    v/s
                    <




't
     State of J&K and others                                   .....Respondent(s)

                    Through :- Mr. S. S. Nanda, Sr. AAG for R-1 to 3
                               Mr. F. A. Natnoo, AAG for R- 4 and 5


Coram:          HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
                HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE


                                       ORDER

1. In this petition, the petitioner has inter alia prayed for following

reliefs:

"a) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents particularly respondent nos. 4 and 5 to release the compensation of land measuring 11 kanals and 7 marlas comprising in khasra No. 2702 situated at village Shehar Khas Poonch, in favour of the petitioner, which has been awarded in favour of Sain and Mohd. Akbar (deceased) in view of the entitlement of the petitioner to receive the said compensation on their behalf which entitlement has been fully determined by the respondent No. 4 vide his order dated 12.02.2004.

b) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondent No.4 to release the aforesaid compensation together with interest at the bank rate as

directed by this Hon'ble Court while deciding writ petition OWP No.834/1993."

2. So far as the prayer of the petitioner for issuance of mandamus to

the respondents, particularly, respondents No. 4 and 5 to release the

compensation of land measuring 11 kanals and 07 marlas comprised in Khasra

No. 2702 situated at village Shehar Khas Poonch is concerned, the same has

become infructuous in view of the payment of amount of compensation to the

petitioner in the open Court.

3. In that view of the matter, the petitioner now presses for grant of

interest on the said amount in terms of judgment of this Court dated 22.12.1997

passed in OWP No. 834/1993 titled as Mohd. Illyas v. State of J&K and others.

4. Mr. F. A. Natnoo, learned AAG representing respondents No. 4 and

5 has no objection if a direction is issued to respondent No. 4 to calculate the

interest on the amount of compensation already paid to the petitioner strictly in

terms of the judgment dated 22.12.1997 (supra) and pay the said amount to the

petitioner within a period of six weeks' from the date a certified copy of this

order is served upon him.

5. Ordered accordingly.

6. Petition disposed of.

                                (PUNEET GUPTA)                (SANJEEV KUMAR)
                                     JUDGE                          JUDGE
JAMMU
18.08.2021
Paramjeet
                            Whether the order is speaking       :   Yes/No
                            Whether the order is reportable     :   Yes/No