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2025 DAILYLAW 10956 (JK)

SHAMSHAD BEGUM v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVT. REVENUE DEPTT AND OTHERS

WP(C)/3220/2025 · 2025-11-24

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3220/2025 Shamshad Begum …..Petitioner Through: Mr. Rahul Kotwal, Advocate Vs UT of J&K & Ors. .….Respondents Through: Mr. Nirmal K. Kotwal, Assisting Counsel to Mr. Ravinder Gupta, AAG CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (24.11.2025) 01. By reference to a purported cause of action related to the land acquisition of year 2012, the petitioner is coming forward with the present writ petition asking for the following reliefs :- “(i) Writ of Mandamus: Commanding the respondents more particularly respondent no.3 to release the compensation of fruit bearing trees assessed by the respondent no.5 in the year 2012 and acquire the land involved in the construction of road from Sangaldan to Kanthan Road and pay compensation under Right to Fair Compensation and Rehabilitation Act, 2013”. (ii) To pass such other orders or directions which the Hon'ble Court may deem fit and proper in the nature and circumstances of case.” Serial No. 07 Regular List 2 WP(C) No. 3220/2025 02. The petitioner in her writ petition submits that her husband-Abdul Latief Bhat died in year 2017. In her entire writ petition, with respect to mention of the land measuring 10 marlas in Khasra number acquired for which claim of compensation is being put forth, the number of the fruit trees existing upon the land acquired at the relevant point of time and other essentials factual details have not been set out. 03. In the writ petition, the petitioner has not even taken botheration of stating as to whether she is related to the land by her right or through her husband who expired in the year 2017 and further whether any mutation of inheritance came to be attested in her favour to constitute to be the owner of the land which is alleged to have suffered damage in the construction of the road by reference to Khasra No. 38 dating back to road construction work of Sangaldan to Kanthan upto 5 km in 1999. 04. The writ petition is, accordingly, held to be misconceived and frivolous warranting dismissal and is, thus, dismissed. (RAHUL BHARTI) JUDGE JAMMU 24.11.2025 SUNIL Whether the order is speaking ? : Yes/No Whether the order is reportable ? : Yes/No