Disposed

Sukhdev Singh and Others v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

J&K HC22 Nov 2022WP(C)/2512/2022

Case brief

AI extract

What is this about?

Petition challenging notices issued by the Tehsildar for recovery of compensation without prior hearing. The Bench disposed of the petition, granting liberty to the petitioners to approach the Tehsildar for redressal.

What did the court decide?

Liberty granted to petitioners to approach Respondent No.5 for redressal of grievance within one week.

Sukhdev Singh and Others Vs U T of J and K Th Commissioner… — Land Acquisition | J&K HC (2022)

¶1

Serial No. 52 Supplementary-1 Cause List

¶2

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP (C) No. 2512/2022 CM No. 6867/2022

Sukhdev Singh & Ors.

… Petitioner(s)

Through: -

Mr Mohammad Adnan Malik, Advocate.

V/s

UT of JK & Ors.

… Respondent(s)

Through: -

CORAM:

Hon’ble the Chief Justice Hon’ble Mr Justice Vinod Chatterji Koul, Judge

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(ORDER)

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22.11.2022

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Ali Mohammad Magrey-CJ (Oral):

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In the instant Petition, filed under Article 226 of the Constitution of India, the Petitioners are aggrieved of and have challenged the notices issued against them by Tehsildar, Assistant Collector 1^st Class, Reasi/ Respondent No.5 herein with regard to recovery of compensation distributed amongst the Petitioners in lieu of acquisition of the land for construction of dumping yard at T5-P1 on Katra Dharm Section of USBRL Project for Northern Railways under the Land Acquisition Act, Samvat 1990 falling under Khasra No.692/650/555 Min measuring 27 Kanals and 06 Marlas situated at Village Gran, Tehsil and District Reasi.

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Learned Counsel for the Petitioners submitted that the impugned notices issued by the Respondent No.5 are bad in law inasmuch as the same have been issued without granting any opportunity of hearing to the Petitioners.

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Having heard the learned Counsel for the Petitioners and after going through the pleadings on record, we, at this stage, without making any observation or recording any finding with regard to the controversy involved, dispose of this Petition giving liberty to the Petitioners to approach the Respondent No.5 for seeking the redressal of their grievance, as projected herein this Petition, within one week from today. The Respondent No.5, on receipt of the application/ representation on part of the Petitioners, shall consider and dispose of the same most expeditiously and pass appropriate orders with respect thereto, of course, in tune with the mandate of law and the rules governing the field. Till such time the application/ representation of the Petitioners is decided and orders passed by the Respondent No.5, as aforesaid, no punitive action shall be taken against the Petitioners.

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Disposed of as above, along with the connected CM.

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(Vinod Chatterji Koul) (Ali Mohammad Magrey)
Judge Chief Justice
JAMMU
November 22 nd , 2022
“TAHIR”

Sukhdev Singh and Others v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

Case brief

What is this about?

What did the court decide?

Sukhdev Singh and Others v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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