Dismissed

Prem Singh v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

J&K HC6 Oct 2021LPA/101/2021

Case brief

AI extract

What is this about?

The High Court dismissed an appeal challenging the rejection of an application for interim protection in a writ petition regarding tenancy rights. The Court held that since possession of the land with an ongoing construction project had already been recorded by a coordinate bench, no error was committed by the Single Judge in refusing interim relief.

What the court decided

AI extract

Prem Singh Vs Union Territory of Jammu and Kashmir Th… — Landlord and Tenant | J&K HC (2021)

¶1

Sr. No. 230

¶2

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

¶3

CJ Court

¶4

Case: LPA No.101 of 2021

¶5

Prem Singh

¶6

…Petitioner(s)/Appellant(s)

¶7

Through: Sh. P S Pawar, Advocate.

¶8

V/s

¶9

Union Territory of J&K and others

¶10

…. Respondent(s)

¶11

Through: Sh. S S Nanda, Sr. AAG Sh. F A Natnoo, AAG.

¶12

CORAM:

¶13

HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

¶14

ORDER

¶15

Heard Sh. P S Pawar, learned counsel for the appellant and; Sh. S S Nanda, Sr. AAG and Sh. F A Natnoo, AAG for the respondents.

¶16

The petitioner has preferred this appeal against the order dated 23.09.2021 passed by the Writ Court rejecting the application of the appellant for grant of interim protection pending his writ petition.

¶17

The petitioner appears to have filed writ petition claiming tenancy rights in the disputed property and as such prayed that the respondents be restrained from causing any sort of interference in his occupancy rights and from transferring the said land to any other department and at the same time even the board that had been put up on the said land proclaiming the land to be a State land be directed to be removed.

¶18

LPA No.101/2021

¶19

¶20

The learned Single Judge while keeping the writ petition pending rejected the application for interim relief on the ground that the possession of the land is with the Power Development Department (PDD) whereon construction of 33/11 KVA Receiving Station under a centrally sponsored scheme is coming up.

¶21

The submission of learned counsel for the appellant is that the appellant is still in possession as is reflected from the various documents and as such he is entitled to grant of interim protection. 6. The submission has no merit for the reason that the Writ Court has also observed that the controversy raised in the writ petition has already been considered by another Bench of this Court in WP(C) No.1184/2020 decided on 16.06.2021. The learned Single Judge in deciding the above writ petition in his judgment dated 16.06.2021 has clearly mentioned “it has been brought to my notice that the subject land has already been taken over by the Power Development Department and the construction of Receiving Station has been going on ever-since.”

¶22

In view of the aforesaid observation and the finding of the learned Single Judge and the fact that the respondents have categorically stated in their objections that the possession has been taken over by PDD and the construction of the Power Receiving Station is going on, we are of the opinion that the Writ Court has not committed any error in rejecting the said application.

¶23

The submission that the judgment and order dated 16.06.2021 is not final and conclusive as it is sub judice in Letters Patent Appeal cuts no ice inasmuch as the fact remains that till date the said judgment and order has not been set aside from any superior court and as such continues to exist in the text-books.

¶24

LPA No.101/2021

¶25

¶26

In view of the aforesaid facts and circumstances, we find no merit in this

¶27

appeal and the same is dismissed with liberty to the appellant to get his writ petition decided expeditiously.

¶28

(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

¶29

Jammu 06.10.2021 Raj Kumar

Prem Singh v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

Case brief

What is this about?

What the court decided

Prem Singh v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Durga Dass Thapa and Ors. Vs State Th.Divisnl.Commssr.Jammu and Ors.

Viklang Chhatra Trust Th.Satya Pal Saraf Vs State Th.Div.Commissioner and Anr.

Tafazul Hussain Parimoo Th Taufeeq Hussain Parimoo and Another Vs Union Territory of Jammu and Kashmir Th Natonal Investigating Agency Nia Jammu and Another

Uoi.Th.Min.of Defence and Ors. Vs Khila Nand and Ors.

Swati Gupta Vs Ramesh Chand and Ors.

State of Jammu and Kashmir Th SHO Police Station Gandhi Nagar Vs Prabhjot Singh