Manzoor Ahmad Darsaroo vs State Of Jk And Ors
2021 Latest Caselaw 1557 j&K/2

                                                                  Serial No. 179
                                                                    Suppl. list

 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
                  SRINAGAR


                                                  OWP No. 2207/2018
                                                      IA No. 01/2018

Manzoor Ahmad Darsaroo
                                                         ..... Petitioner(s)
                            Through: -
                Mr. Shuja-ul-Haq Tantray, Advocate
                                      V/s
State of JK and Ors.
                                                 ..... Respondent(s)

Through: -

Ms. Asifa Padroo, AAG Mr. Sajad Geelani, Advocate for 2-3 CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge (ORDER) 02.12.2021

The claim of the petitioner for allotment of a strip of land measuring

04 Marlas, situated at adjacent to the two storeyed house with land

appurtenant thereto of the petitioner falling under Survey No. 341 located

at Housing Colony, Bijbehara, Anantnag, is recommended for allotment to

the petitioner by the respondent Managing Director J&K, Housing Board,

Srinagar, to the respondent Commissioner Secretary to Government,

Housing and Urban Development Department, Civil Secretariat,

Jammu/Srinagar, in terms of communication dated 15.09.2017. The

recommendation is made by application of Government order No. 50-HUD

of 2007 dated 02.03.2007, in terms whereof, the two vacant strips of land

belonging to the J&K, Housing and Urban Development Department,

situated at Housing Colony, Bijbehara were allotted to Ghulam Rasool

Shah S/o Peer Ghulam Nabi Shah and Peer Abdul Hamid Shah S/o Peer

Ahmadulah Shah Rs/O Bijbehara, by application of guidelines mentioned

in the said Government order.

Mr. Shuja-ul-Haq Tantray, learned counsel appearing for the

petitioner submits that the matter is hanging decision before the respondent

No. 1, since September, 2017 and over the period of four years, the

Government is not regularizing the allotment of above mentioned strip of

land, as recommended by the Housing Board.

Perusal of the records reveals that the J&K, Housing Board has

supported the case of the petitioner on the analogy adopted in the case of

Ghulam Rasool Shah S/o Peer Ghulam Nabi Shah and Peer Abdul Hamid

Shah S/o Peer Ahmadulah Shah Rs/O Bijbehara, with the application of

guidelines, reference whereof is made in the Government order supra, but

despite that the decision regarding the allotment of above mentioned strip

of land is not made by the Department, not only that the petitioner has

succeeded in having the decree and Judgment in his favour passed by the

Court of Chief Judicial Magistrate, Anantnag, dated 20.03.2018, which

also has reference to the allotment of the above mentioned strip of land.

Difficulty in the matter is that the Government has not filed the reply to

enable the Court to take decision.

In view of above, two weeks' time is granted to respondent No. 1,

to file reply/response, based on the observations made by this Court today

as also by order dated 27.11.2018, directing for taking decision in the

matter.

List on 23.12.2021.

(Ali Mohammad Magrey) Judge

SRINAGAR 02.12.2021 "Mohammad Yasin Dar"

MOHAMMAD YASIN DAR 2021.12.03 14:27 I attest to the accuracy and integrity of this document