Mohd. Hussain vs State Of J&K And Others
2021 Latest Caselaw 1119 j&K

                                                                     Sr. No.17


        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                                WP(C) No. 3517/2019
                                                CM No. 7304/2019

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

                       Through: Mr. Kishore Kumar, Advocate.

                  Vs

State of J&K and others                                        ..... Respondent(s)

                       Through: Mr. S.S. Nanda, Sr. AAG.

Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                    ORDER

15.09.2021

The petitioner has been held entitled to receive compensation in terms

of an award dated 21.07.2005. Some of the claimants, who were not being paid

despite having been found entitled as per the award, preferred a writ petition

bearing OWP No. 195/2010 titled, "Rehmat Ali and ors. Vs. State of J&K and

ors."

By virtue of the judgment and order dated 06.12.2012, the Registry

was directed to release the amount payable to the petitioner in terms of the

award with an undertaking, as directed therein.

Learned counsel for the petitioner states that the petitioner too is

eligible and entitled to receive the awarded amount, which has been deposited

with the Registry of this Court and, therefore, seeks a direction in that regard.

Considering the limited nature of controversy, the Registry is directed

to release the amount in favour of the petitioner as per the award and the

apportionment statement. The petitioner shall also furnish an undertaking that in

case, any amount is later held not payable to him, he would deposit the said

amount with the Collector.

Writ petition is, accordingly, disposed of along with connected CM.

                             (Puneet Gupta)           (Dhiraj Singh Thakur)
                                 Judge                       Judge
Jammu
15.09.2021
Ram Krishan