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2025 DAILYLAW 14299 (JK)

MEHTAB ALI MIR v. MAKHAN DIN AND OTHERS

CM(M)/324/2025 · 2025-12-17

Moksha Khajuria Kazmi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM (M) No. 324/2025 Pronounced on : 17.12.2025 Uploaded on : 19.12.2025 Mehtab Ali Mir, Aged 45 years, S/o Zia Ud Din Mir, R/o Darhal Chowkian, Presently serving as Panchayat Secretary, Rural Development Department, Block Rajouri. .....Petitioner(s) Through :- Mr. Farhan Mirza, Advocate v/s 1. Makhan Din, S/o Ghulam Hussain, R/o Kotedhara, Tehsil Rajouri. 2. Assistnat Commissioner (Dev.), Rajouri. 3. Block Development Officer, Rajouri. .....Respondent(s) …..Performa Respondent(s) Through :- Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli, Sr. AAG Ms. Jagmeet Kour, Assisting counsel to Mr. Raman Sharma, AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER (ORAL) 17.12.2025 1. This Court, vide order dated 09.12.2025, directed Chief Secretary, Union Territory of J & K, to submit a detailed report in the matter in which the Assistant Commissioner (Development), Rajouri and the Block Development Officer, Rajouri, despite knowing about the passing of award dated 30.05.2022, have not chosen to resort to any legal remedy whatsoever from their respective end or jointly and leaving it only to the concern of the petitioner herein to spend money from his personal pocket in coming up with the present petition. 2. Ms. Chetna Manhas, learned counsel appearing on behalf of Chief Secretary, UT of J & K has produced a copy of the report dated Sr. No. 02 2 CM (M) No. 324/2025 15.12.2025, wherein it is stated that the respondents were not aware of the ex-parte award dated 30.05.2022, and the same has come to the notice only upon receipt of the summons in execution proceedings from the Court of learned Chief Judicial Magistrate, Rajouri. 3. It is further stated that the ex-parte award (supra), passed under the Payment of Wages Act, appears to have been made without proper factual verification and, as such, Block Development Officer, Rajouri has accordingly been directed to initiate appropriate legal proceedings/appeal before the competent forum after following due procedure and obtaining requisite approvals from the competent authority. Copy of the report dated 15.12.2025 is taken on record. 4. Mr. Farhan Mirza, learned counsel appearing for the petitioner states that in view of the stand taken by the Chief Secretary in the compliance report (supra), he is under instructions not to pursue the instant petition any further, seeks withdrawal of the same to avail appropriate remedy under law. His statement is taken on record. 5. In view of the submission made hereinabove, the instant petition is dismissed as withdrawn, with liberty as prayed for. 6. Interim direction, if any, shall stand vacated. (Moksha Khajuria Kazmi) Judge JAMMU 17.12.2025 Manan Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No