Anil Sharma and Ors. v. State Th.Secy.Public Health Engineering (P.H.E.) Deptt. and Ors.

J&K HC6 Dec 2023OWP/475/2018

Case brief

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What is this about?

High Court of J&K disposed of this disposition as a one-paragraph order directing the Irrigation Department to treat a writ petition as a representation for compensation consideration regarding government-occupied land, without holding substantive reasons for the direction.

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Anil Sharma and Ors. Vs State Th.Secy.Public… — Pension and Retirement Benefits | J&K HC (2023)

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Serial No. 05

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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Case:OWP NO. 475/2018

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Anil Sharma and others

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…..Appellant(s)/Petitioner(s)

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Through: Mr. Amit Gupta, Advocate.

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State of J&K and others

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.…. Respondent(s)

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Through: Mrs. Monika Kohli, Sr. AAG Mr. Amit Gupta, AAG.

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Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

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ORDER (06.12.2023)

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1. On the basis of Jamabandi Kharif 1995-1996 of mauza Bishnah,

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district Jammu in which with respect to khasra no. 825/447, the ownership is shown to be that of individuals named therein but the occupation is that of Government Department.

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2. The petitioners no. 1 to 3 claiming themselves to be the successors-ininterest of the persons/owners whose names figure as owners in the said jamabandi record whereas the petitioner no. 4’s name figures therein, it is being pleaded in the writ petition that at the site of the aforesaid land comprised in aforesaid two khasra numbers, there is a building premises of the Irrigation Department.

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3. In the writ petition, it has nowhere been pleaded as to how come the petitioners no. 1 to 3’s predecessors-in-interest and the petitioner no. 4 came to suffer loss of possession of their ownership land in terms whereof the construction of a building premises of the Irrigation Department came to take place.

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2 OWP NO. 475/2018

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4. The writ petition is for seeking a mandamus unto the respondents for undertaking acquisition process with respect to the said land and accordingly, pay compensation in favour of the petitioners.

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5. This writ petition is of the year, 2018. Although, response to this writ petition has so far not been filed but this Court deems it fit to dispose of this writ petition with a direction to the respondent no. 1-Commissioner/Secretary to Government, PHE Irrigation and Flood Control Department, UT of J&K, Jammu to consider this writ petition of the petitioners as representation as if the petitioners are seeking indulgence of the Department for consideration of their claim for payment of compensation qua the land of the aforesaid khasra numbers under the use and occupation of the Department and pass a reason based consideration order, be it for accepting the plea of the petitioners for acquisition of land and payment of compensation or for rejection of the said claim, bearing in mind the revenue record position with respect to the aforesaid khasra numbers.

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6. In enabling the respondent no. 1-Commissioner/Secretary to Government, PHE Irrigation and Flood Control Department, UT of J&K, Jammu to consider the representation of the petitioners in the fullness of the facts and circumstances, the Commissioner/Secretary to Revenue Department Government of UT of J&K shall render full assistance to the respondent no. 1- Commissioner/Secretary to Government, PHE Irrigation and Flood Control Department, UT of J&K, Jammu in divulging the true revenue record position of the land in reference.

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3 OWP NO. 475/2018

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7. Needful be done at the end of the respondent no. 1-

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Commissioner/Secretary to Government, PHE Irrigation and Flood Control Department, UT of J&K, Jammu within a period of three months.

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8. This Court has registered no observations for or against the petitioners or the respondents in disposing of the writ petition. Disposal of this writ petition will not prejudice the right of the petitioners to approach this Court again with the fresh writ petition in the event of the decision of the respondent no. 1-

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Commissioner/Secretary to Government, PHE Irrigation and Flood Control Department, UT of J&K, Jammu coming adverse against the purported interest

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of the petitioners.
9. Disposed of.
(RAHUL BHARTI)
JUDGE
JAMMU
06.12.2023
Shivalee
Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No

Anil Sharma and Ors. v. State Th.Secy.Public Health Engineering (P.H.E.) Deptt. and Ors.

Case brief

What is this about?

A compact analysis

Anil Sharma and Ors. v. State Th.Secy.Public Health Engineering (P.H.E.) Deptt. and Ors.

Case brief

What is this about?

A compact analysis

Parties & counsel

Coram

Case details

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