Ghulam Mohammad Yatoo vs Ut Of J&K And Ors
2022 Latest Caselaw 1846 j&K/2

                                                      S. No. 5
                                                      Regular Cause List
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR


                        WP(C) No. 2498/2021


Ghulam Mohammad Yatoo                          ...Appellant/Petitioner(s)

Through: Mr. Ateeb Kanth, Advocate
                                   Vs.

UT of J&K and Ors.                                      ...Respondent(s)

Through: Mr. Sheikh Mushtaq, AAG
CORAM:
    HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE
    HON'BLE MR JUSTICE WASIM SADIQ NARGAL, JUDGE
                              ORDER

28.10.2022

1. In this petition, the petitioner, inter alia, has challenged the

notification issued by the respondents under section 4 of the J&K

Land Acquisition Act, on 12.05.2018. From the record it appears that

final award in the matter has been passed and the petitioner has also

accepted the compensation.

2. The petitioner being dissatisfied with the amount of compensation

worked out has already approached civil court by way of a suit for

declaration and injunction, which was allowed by the court of

Principal District Judge, Ganderbal, vide its judgment/decree dated

05.11.2019.

3. In compliance to the judgment/decree dated 05.11.2019, the Deputy

Commissioner, Ganderbal, considered the entire matter afresh and

passed a speaking order vide his No. DCG/ARA/565-68 dated

10.11.2020. The petitioner neither assailed the aforesaid order nor has

sought reference under section 18 of the J&K Land Acquisition Act.

WP(C) No. 2498/2021

He has approached this Court through the medium of the instant

petition which on the face of it is not maintainable.

4. Faced with the aforesaid position, learned counsel for the petitioner

seeks leave of this Court to withdraw this petition with liberty to

pursue remedies as may be available to him under J&K Land

Acquisition Act.

5. In view of above, this petition is dismissed as withdrawn with liberty

as prayed for.

             (WASIM SADIQ NARGAL)                   (SANJEEV KUMAR)
                          JUDGE                             JUDGE

SRINAGAR
28.10.2022
Manzoor