Sr. No. 4 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT Jammu OWP No. 1453/2018 Rajan Puri Charritable Dispensary Society …. Petitioner/Appellant(s) Through:- Mr. S. C Mansotra, Advocate V/s State of J&K and Ors. …..Respondent(s) Through:- Mrs. Monika Kohli, Sr. AAG Mr. M. L. Gupta, Advocate. CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 1. A preliminary objection has been raised by Mrs. Monika Kohli, learned Sr. AAG that neither the petitioner has any right into the property in question nor its any legal right has been violated, therefore, prayer sought by the petitioner cannot be granted. 2. It is submitted by Mr. M. L. Gupta, learned counsel appearing for private respondent No.6, that the civil suit is pending against the petitioner herein which has been filed by respondent No. 6- Vinayak Missar Dharamshalla Trust, for eviction, which fact is not being disputed by the learned counsel for the petitioner. 3. However, submission of Mr. S. C Mansotra, learned counsel for the petitioner/defendant in the suit is that in the event, the petitioner succeeds in its defence in the suit filed by the respondent-Vinayak Missar Dharamshalla Trust, the petitioner may be permitted to approach the Government for allotment of the said land, on which the charitable dispensary is running by the petitioner. __________ 4. Mr. M. L. Gupta, learned counsel for respondent No. 6 submits that in case he approaches the Government, the authority, while processing its application, will take into consideration the judgment passed by this Court in LPA No. 36/1989 as well as the provisions of law/rules applicable, though at present civil proceedings initiated by respondent No. 6 are still pending which have not been disputed by the learned counsel for the petitioner. 5. Petitioner’s prayer for making an application to the Government regarding allotment of land would depend upon the decision of the suit and in the event, the petitioner succeed in the said suit, then he can make an application and the same shall be considered strictly in accordance with the provision of law by taking into consideration the right of respondent No. 6. 6. Accordingly, the instant petition is dismissed. (Vinod Chatterji Koul) Judge Jammu: 03.09.2025 JAVID IQBAL