Jammu & Kashmir High Court
Ghulam Mohd. Age 58 Years vs Union Territory Of Jammu And Kashmir on 23 October, 2024
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 111
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CM No. 6013/2024 in
WP(C) No. 802/2021
1. Ghulam Mohd. age 58 years, S/o Lt. Abdul .....Petitioner(s)
Samad, R/o Changa Tehsil Gandoh, District
Doda Through Attorney Holder Mehboob
Ahmed, Age 26 years, S/o Abdul Majeed, R/o
Changa Tehsil Gandoh, District Doda.
2. Shah Din, Age 50 years, S/o Lt. Abdul Samad,
R/o Changa Tehsil Gandoh District Doda
through Attorney Holder Mehboob Ahmed, Age
26 years, S/o Abdul Majeed, R/o Changa, Tehsil
Gandoh District Doda.
3. Bashir Ahmed, Age 52 years, S/o Abdul Samad,
R/o Changa, Tehsil Gandoh, District Doda.
4. Nazir Ahmed, Age 47 years, S/o Abdul Subhan,
R/o, Changa Tehsil Gandoh, District Doda.
Through: Mr. Waseem Akram Mir, Advocate.
Vs
1. Union Territory of Jammu and Kashmir ..... Respondent(s)
through Commissioner Secretary to Revenue
Department, Jammu/Srinagar.
2. Distt. Development Commissioner, Doda.
3. Sub Divisional Magistrate, Collector, Gandoh.
4. Deputy General Manager, JKPCC, Kishtwar.
5. Principal Govt. Degree College, Kilhotran.
Through: Mrs. Monika Kohli, Sr. AAG.
Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
(23.10.2024)
1. Mr. Waseem Akram Mir, learned counsel for the petitioners relying
upon a judgment of this Court passed in WP(C) No. 2613/2022 titled "Wahid
Hussain and others Vs. UT of J&K and others" states that the claim of the
petitioners is covered by the aforesaid judgment. The operative part of the
judgment is extracted hereunder:
"9. In view of the above, it is declared that land acquisition
proceedings in respect of the land in question stand lapsed.
The respondents are, therefore, at liberty to initiate fresh
acquisition proceedings in respect of the land of the petitioners
in accordance with law in vogue at present and take it to its
logical conclusion in case the land in question is still required
by the respondents. Until then the respondents shall not cause
any interference in the enjoyment of the said land by the
petitioners."
2. He further submits that the petitioners would feel satisfied, if the
instant writ petition is disposed of in terms of judgment dated 27.03.2024 and
direct the respondents to accord consideration to the same within some
reasonable period.
3. Mrs. Monika Kohli, learned Sr. AAG appearing for the respondents
states that she has no objection, if the instant writ petition is disposed of in terms
of judgment dated 27.03.2024.
4. With the consent of learned counsel for the parties and keeping in
view the facts and circumstances of the case, the instant writ petition is disposed
of, at the threshold, with a direction to the respondents to consider the claim of
the petitioner in terms of judgment dated 27.03.2024 strictly under rules and as
per law, within a period of six weeks from the date a certified copy of this order
alongwith complete set of writ petition is made available to the respondents.
5. Disposed of, as above alongwith connected application(s).
(MOKSHA KHAJURIA KAZMI)
JUDGE
JAMMU
23.10.2024
Shivalee
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
