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2023 DAILYLAW 871 (JK)

SHER CHAND v. BHUPINDER KUMAR,PRINCIPAL SECRETARY PWD R AND B DEPTT AND OTHERS

CCP(S)/297/2024 · 2026-02-09

Sanjeev Kumar

body2023

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1701/2023 c/w CCP (S) No. 297/2024 Date of pronouncement: 09.02.2026. Date of uploading: Sher Chand Age 80 years, S/o Late Sh. Jaswant Singh, R/o Village Malwana, Tehsil Gundna, District Doda .....Applicant(s)/Petitioner(s) Through :- M.Y. Akhoon, Advocate vice Mr. F.A. Natnoo, Advocate v/s 1. Union Territory of J & K through Principal Secretary to the Govt. PWD (R&B) Department, J & K Government Jammu. 2. Assistant Commissioner (Revenue), Collector Land Acquisition, Doda. 3. The Chief Engineer PMGSY, 4th Floor, JKPCC Complex, Rail Head Complex, Panama Chowk, Jammu. 4. The Executive Engineer PMGSY, Division Doda. .....Respondent(s) Through :- Ms. Monika Kohli, Sr. AAG Ms. Pallavi Sharma, Advocate vice Mr. Ravinder Gupta, AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER 09.02.2026 WP (C) No. 1701/2023 1. In this petition, the petitioner has, inter alia, sought a writ of mandamus directing respondent no. 2-Collector Land Acquisition, Doda to release the compensation in terms of award dated 25.02.2021 along with interest @25% from the date of taking over of the Sr. No. 19 WP (C) No. 17021/2023 c/w CCP (S) No. 297/2024 2 possession of the property of the petitioner till the amount is actually released. 2. Respondents have filed their objections and have neither disputed the issuance of the award nor have they disputed the entitlement of the petitioner to the compensation. 3. On this petition coming up for consideration, this Court vide order dated 03.07.2023, while issuing notice to the respondents, also directed the indenting department to make available the requisite funds meant for payment of compensation to the Collector Land Acquisition, Doda so that he could proceed further in the matter. 4. It seems that direction of this Court dated 03.07.2025 was not complied with. The petitioner filed a contempt petition, i.e., CCP (S) No. 297/2024. In response to the notice issued in the contempt petition, the respondents have filed a latest status report on 07.02.2025 in which it is stated that not only the interim order passed by this Court has been complied with, but the requisite amount has been deposited by the indenting department with the Collector Land Acquisition. 5. In view of the aforesaid, there remains nothing much to be adjudicated upon in this petition, more particularly, when the petitioner is restricting his petition only to the release of compensation payable to him in terms of the award. 6. That apart, as is apparent from Annexure-I attached with the status report dated 07.02.2025, filed by the Collector Land Acquisition, WP (C) No. 17021/2023 c/w CCP (S) No. 297/2024 3 Doda the amount payable to the petitioner has been deposited in the District Treasury, Doda. 7. In view of the given facts and circumstances of the case, this petition is disposed of with a direction to the District Treasury, Doda to release the amount deposited by the Collector Land Acquisition on account of compensation payable to the petitioner in terms of award dated 25.02.2021, in favour of the petitioner on his approaching the treasury. However, we leave it open to the petitioner to agitate the issue of statutory interest payable on the amount in accordance with law. CCP (S) No. 297/2024 1. In view of the disposal of main writ petition, no order is required to be passed in the contempt petition, as such, proceedings in the contempt petition are closed. (Sanjeev Kumar) Judge JAMMU 09.02.2026 Manik Whether this order is reportable: Yes/No Whether this order is speaking: Yes/No