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2025 DAILYLAW 1619 (JK)

MOHD RASHID v. UNION TERRITORY OF J AND K TH HEALTH AND MEDICAL EDUCATION DEPTT AND ORS

WP(C)/52/2021 · 2025-08-20

Sanjay Dhar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 52/2021 CM No. 3672/2025 CM No. 282/2021 CM No. 2127/2025 CM No. 4854/2024 CM No. 1422/2024 Mohd Rashid …..Appellants Through: Mr. Arshid Pervaiz Malik, Advocate Vs UT of J&K and others .…. Respondents Through: Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG for R-3 Mr. Raman Sharma, AAG for R-1,2,4 and 5 Ms. Jagmeet Kour, Advocate Mr. Achal Sharma, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 20.08.2025 CM No. 4854/2024 1. This is an application filed by Mr. Mohd Naseem and Mr. Mohd Shabroz seeking their impleadment as party respondents to the present writ petition. 2. According to the applicants they are co-owners of the land in question as they have inherited the same along with the petitioner from common ancestor namely Mr. Alam. On this ground the applicants have sought their impleadment as respondents. 3. The writ petitioner, has through the medium of present writ petition, sought a direction upon official respondents to pay compensation to him in respect of land measuring 1 Kanal 13 Marlas falling under Khasra No. 803/1 situated at Tehsil Darhal, Sr. No. 7 WP (C) No. 52/2021 CM No. 3672/2025 CM No. 282/2021 CM No. 2127/2025 CM No. 4854/2024 CM No. 1422/2024 District Rajouri. The applicants claim to be the co-sharer of the said land. The scope of the present writ petition is to determine as to whether the land owners are entitle to compensation and whether the said land has been utilized by the official respondents. So far as, the dispute inter-se between the land owners is concerned, the same cannot be a subject matter of determination in the present proceedings. If the applicants have any grievance about the right to the land in question against the petitioner, they are at liberty to take recourse to appropriate proceedings. 4. In any case, both the petitioner as well as the applicants would be interested in payment of compensation to the rightful owners in case the land has been utilized by the official respondents. Therefore, to this extent both the petitioner as well as the applicants have a common cause. Therefore, the applicants in the peculiar facts and circumstances cannot be impleaded as respondents to the present petition. If, they intend to support the cause of the petitioner, so far as payment of compensation in respect of the land in question is concerned, they are at liberty to file a separate petition or to join the petitioner as the co-petitioners. 5. The application, as such, is dismissed. WP (C) No. 52/2021 6. Mr. Raman Sharma, learned AAG has produced a copy of communication dated 06.08.2025 addressed by Director, Health Services Jammu to the Administrative Department informing WP (C) No. 52/2021 CM No. 3672/2025 CM No. 282/2021 CM No. 2127/2025 CM No. 4854/2024 CM No. 1422/2024 him that an indent has been placed before the Deputy Commissioner (District Collector, Rajouri) on 01.07.2025 in respect of land measuring 01 Kanal 13 Marlas under Khasra No. 803/1, which is situated at Darhal and which is subject matter of present writ petition. The Deputy Commissioner (Collector) Rajouri is directed to expedite the acquisition proceedings most expeditiously, preferably within a period of six months from the date a copy of this order is made available to the Deputy Commissioner (Collector) Rajouri. 7. The writ petition is disposed of in terms of above directions. (SANJAY DHAR) JUDGE JAMMU 20.08.2025 Mahavir