Partly allowed

Bilal Ahmed Deva v. Commissioner Secretary and Ors. (Revenue Department)

J&K HC11 Feb 2021WP(C)/204/2021

Case brief

AI extract

What is this about?

The court allowed an application for extension of time to deposit court fee. On the main writ petition, the petitioners sought nomination for the post of Lambardar. The court disposed of the petition by directing the respondents to examine the case and pass appropriate orders within one month.

What did the court decide?

Allowed extension of time for court fee; directed respondents to examine petitioner's case and decide within one month.

Bilal Ahmed Deva Vs Commissioner Secretary and Ors… — Service and Employment | J&K HC (2021)

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Item No.106 Suppl. List-1

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IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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CM No.780/2021 in WP(C) No.204/2021 CM No.781/2021

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Bilal Ahmad Deva …Petitioner(s)

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Through: Mr. Tawheed Ahmad, Advocate.

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Vs.

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Commissioner/Secretary Revenue Department J&K & ors. …Respondent(s)

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Through:

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CORAM: Hon’ble Mr. Justice Sanjay Dhar, Judge

(ORDER)(ORAL)

11.02.2021

CM No.780/2021

Instant application seeking extension of time for annexing/depositing the requisite court fee with the writ petition, in view of the grounds urged therein, is allowed. The petitioners shall deposit the requisite court fee with the Registry of this Court within a period of one week from today.

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CM is disposed of.

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WP(C) No.204/2021 CM No.781/2021

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Through the medium of instant petition, petitioner

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has sought a direction to respondents to issue the

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MOHAMMAD ALTAF BHAT 2021.02.15 14:30 I attest to the accuracy and integrity of this document

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2 WP(C) No.204/2021

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nomination/ engagement for the post of Lambardar in his favour.

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I have heard learned counsel for the petitioner and perused the material on record.

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It is the case of the petitioner that the post of Lambardar of Village Wussan Bangil fell vacant due to resignation of the Lambardar in the month of November, 2020, pursuant to which inhabitants of the Village approached the Divisional Commissioner, Kashmir, for seeking nomination/appointment of Lambardar of the said Village. It is further averred that the Divisional Commissioner, Kashmir, forwarded representation to respondent No.2 with a direction to look into the matter, who in turn endorsed the same to respondent No.3. The respondent No.3 directed respondent No.4 to go through the contents of the representation and take appropriate action after visiting the Village in question.

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It is further submitted that the respondent No.4 received six applications including one from the petitioner but only petitioner was found eligible to the post of Lambardar in terms of Rule 3 of the Jammu and Kashmir Lambardari Rules, 1980

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According to petitioner, despite petitioner being the

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MOHAMMAD ALTAF BHAT 2021.02.15 14:30 I attest to the accuracy and only eligible candidate, the respondent No.4 is delaying the integrity of this document

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3 WP(C) No.204/2021

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matter with regard to issuance of engagement order in favour of the petitioner.

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Learned counsel for the petitioner has submitted that the petitioner would be satisfied if a direction is issued to the respondents to consider the matter in its entirety and pass appropriate orders in accordance with the law.

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In view of above, this writ petition is disposed of with a direction to the respondents to examine the contentions of the petitioner, as projected in this writ petition, and take a decision thereon in accordance with law within a period of one month from the date a certified copy of this order and a copy of the writ petition is made available by the petitioner to the respondents. The decision so taken be conveyed to the petitioner accordingly.

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(Sanjay Dhar) Judge

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Srinagar 11.02.2021 “Bhat Altaf, PS”

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Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

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MOHAMMAD ALTAF BHAT 2021.02.15 14:30 I attest to the accuracy and integrity of this document

Bilal Ahmed Deva v. Commissioner Secretary and Ors. (Revenue Department)

Case brief

What is this about?

What did the court decide?

Bilal Ahmed Deva v. Commissioner Secretary and Ors. (Revenue Department)

Case brief

What is this about?

What did the court decide?

What the court decided

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