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2025 DAILYLAW 14826 (JK)

ATEEQA AKHTER AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT)

WP(C)/622/2022 · 2025-12-04

Rajesh Sekhri

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 14 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 622/2022 CM(1522/2022) CM(2529/2024) ATEEQA AKHTER AND ORS …Appellant(s)/Petitioner(s) Through: Mr. Mian Tufail, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT) ...Respondent(s) Through: Mr. Jahangir Dar, GA CORAM: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE. ORDER 04.12.2025 Petitioners are aggrieved of order dated 04.02.2022, passed by respondent No. 9 – Chief Engineer, Irrigation and Flood Control, vide which their claim, in the light of order dated 23.12.2021, passed by this Court in OWP 210/2018, titled “Ab. Qayoom Khan and ors. Vs. State of J&K and ors.”, came to be considered and rejected, primarily on the ground that they have been condemned unheard. It is contention of the petitioners that they were never called by the respondents to produce evidence in support of their claim during the consideration. A perusal of the impugned order, indeed reveals that petitioners have not been accorded an opportunity of being heard. In view of the above, present petition is allowed and impugned order dated 04.02.2022 is set aside. As a consequence, matter is remanded to the respondents with a direction to consider the claim of the petitioners afresh and pass a speaking order, after affording a reasonable opportunity of being heard to them. Disposed of. (RAJESH SEKHRI) JUDGE Srinagar: 04.12.2025 Adil Ismail