Jammu & Kashmir High Court - Srinagar Bench
Abdul Aziz Ahangar vs Ut Of J&K & Ors on 21 July, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
S.No.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA N0. 135/2025 (O&M) in
WP(C) No. 1704/2022
Reserved on: 11.07.2025
Pronounced on: .07.2025
Abdul Aziz Ahangar ...Petitioner/ Appellant(s)
Through: Mr. Syed Mohtasim, Advocate
V/s
UT of J&K & Ors. ...Respondent(s)
Through: Mr. Wasim Gul, GA
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
1. Issue notice to the respondents.
2. Mr. Wasim Gul, learned GA, enters appearance and accepts
notice on behalf of respondents.
3. With the consent of learned counsel appearing for the parties,
the present appeal has been taken up for final disposal.
4. The vehicle of the appellant was hired by the respondents
during the assembly elections in the year 2008. The said vehicle
got damaged, but the appellant was not compensated, as such,
he filed the writ petition bearing OWP No. 407/2011 for
directing the respondents to pay the compensation of Rs. 2.50
lacs along with interest from the day his vehicle sustained
damage. The said writ petition was disposed of by theNuzhat
writ court directing respondent No. 2 therein i.e. Inspector
General of Police, Kashmir Zone, Srinagar, to determine the
amount of compensation payable as per the relevant rules and
pay the same to the appellant forthwith.
5. Aggrieved of the order dated 09.08.2017, respondents preferred
the intra court appeal bearing no. LPAOW No. 9/2019, against
the order dated 09.08.2017 which was dismissed vide order
03.07.2019. As the judgment of the learned writ court was not
complied with by the respondents, the appellant preferred a
contempt petition. Thereafter, an amount of Rs. 1,47,018/- was
paid by the respondents but the claim of the appellant for Rs.
45,127/- did not find favour with the respondents prompting
the appellant to file a fresh writ petition, bearing WP(C) No.
1704/2022, for commanding the respondents to pay the balance
sum of Rs. 45,127/- to the appellant and for payment of interest
@ 18% per annum on the amount of Rs. 1,92,145/- w.e.f.
28.11.2008.
6. The claim of the appellant was objected to by the respondents
on the ground that the voucher/bill dated 14.12.2008
amounting to Rs. 45,127/- of Motor Hop Sangrama, Sopore
could not be verified as the shop did not exist there.
7. The learned writ court after hearing the arguments, by virtue of
order dated 13.05.2025 dismissed the writ petition preferred by
the appellant.
8. Aggrieved of the order dated 13.05.2025, the appellant has filed
this intra court appeal against the order (supra) on the ground
that the writ court has wrongly denied the payment of Rs.
45,127/- to the appellant and, also the interest for the delay in
making the payment due to the appellant.
9. The Learned counsel for the appellant has restricted the claim
of the appellant only to the extent of non-payment of interest
for the delay caused in making the amount due to him.
10. Per contra, Mr. Wasim Gul, learned GA, has argued that the
appellant is not entitled to any interest and further that the
learned writ court has rightly considered the controversy.
Heard learned counsel for the parties and perused the record.
11. The record depicts that damage to the vehicle of the appellant
was caused on 28.11.2008 as admitted by the respondents. The
respondents have made the payment of Rs. 1, 47, 018/- to the
appellant through the medium of a bank cheque dated
10.12.2021.
12. Admittedly, there is delay on the part of respondents in
making the payment due to the appellant and as such the
respondents are under obligation to pay the interest to the
appellant for the delay caused by them in processing the claim
and making the payment to the appellant.
13. The learned writ court has rejected the claim of the appellant
qua the interest for the delay caused in making payment on the
ground that no such direction was issued earlier by the writ
court while disposing of the writ petition bearing OWP No.
407/2011. However, we find that there was no formal
adjudication of quantum of compensation payable by the
respondents. The first writ petition bearing OWP No. 407/2011
was filed by the appellant in the year 2011, decided in the year
2017 and amount of Rs. 1, 47, 018/- was paid to him only on
10.12.2021.
14. . In view of what has been considered and discussed above,
this Court is of the considered view that the order dated
13.05.2025 is required to be modified, and as such, while
upholding the rejection of the claim of Rs. 45,127/- made by the
appellant, the respondents are directed to pay the interest @ 6%
per annum on the amount of Rs. 1, 47, 018/-from the date of
filing of earlier writ petition bearing OWP No. 407/2011 till
10.12.2021 (when the amount of Rs. 1, 47, 018/- was paid to
appellant). The order dated 13.05.2025 passed by the learned
writ court in writ petition bearing WP(C) No. 1704/2022 is
modified accordingly.
15. Disposed of.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
SRINAGAR
.07.2025
"S. Nuzhat"
Whether the order is speaking? Yes/No
Whether the order is reportable? Yes/No
