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2022 DAILYLAW 835 (JK)

ABDUL AZIZ RATHER AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (RURAL DEVELOPMENT DEPARTMENT)

WP(C)/1269/2022 · 2026-02-26

Moksha Khajuria Kazmi

Writ Petition (Civil)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 19 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1269/2022 CM(3086/2022) ABDUL AZIZ RATHER AND ANR. …Appellant(s)/Petitioner(s) Through: Mr. Danish Yousuf, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. (RURAL DEVELOPMENT DEPARTMENT) ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA vice Mr. Alla ud din Ganai, AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 26.02.2026 1. By this petition, petitioners herein are seeking a direction upon respondent No. 1 to issue an order of engagement in favour of petitioner No. 2 for the post of Mali-cum-Chowkidar, in lieu of the land provided by petitioner No. 1 falling under Survey No. 250, situated at Village Hanjura. In the alternative, the petitioners are seeking a direction to the respondents to pay compensation for the land which has been occupied, used, and enjoyed by the respondents by constructing a Panchayat Ghar thereon, strictly in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. Despite having availed several opportunities, the respondents have chosen not to file reply. 3. The petitioners have placed on record the information obtained through RTI application dated 09.05.2013, whereby, the Deputy Director (Adm.), Directorate of Rural Development, Kashmir, has stated that the issue with respect to the engagement of the petitioner had already been taken up with the Administrative Department vide communication dated 29.12.2007, wherein the petitioner figures at Serial No. 13 in the list pertaining to Block Chadoora, District Budgam. However, no final decision has been taken by the Government as on date. 4. Learned counsel for the petitioners submits that the petitioners would feel satisfied if this petition is disposed of with a direction to the respondents to treat the instant writ petition as a representation, consider and decide the same within a reasonable period. 5. Learned counsel for the respondents, Mr. Ilyas Nazir Laway, appearing vice Mr. Alla Ud Din Ganai, learned AAG, is not averse to the proposition made by learned counsel for the petitioners. 6. In view of the above, the instant petition is disposed of with a direction to the respondents to treat the instant petition as a representation and to decide the same within a period of four weeks, by passing a speaking order thereon, strictly in accordance with the applicable Law and Rules. The petitioner shall furnish a copy of the writ petition along with all annexures to the respondents within a period of one week. 7. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 26.02.2026 “Adil Ismail”