SHAM LAL AND ANR. v. SHAHID IQBAL CHOUDHARY COMMISSIONER/ SECY.R.D.D.AND ORS.
CPOWP/41/2017 · 2025-03-12
Rajnesh Oswal
body2025
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[ 2025 DAILYLAW 1908 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 1908 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CPOWP No. 41/2017 in OWP No. 284/2003 CM No. 1256/2020
Sham Lal and another
…..Appellant(s)/Petitioner(s)
Through: Mr. K. L. Pandita, Advocate.
vs
Shahid Iqbal Choudhary Commissioner/Secy. RDD and others .…. Respondent(s)
Through: Mr. S. S. Nanda, Sr. AAG Ms. Priyanka Bhat, Advocate vice Ms. Monika Kohli, Sr. AAG.
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER 12.03.2025
ORAL CM No. 1256/2020
1. This is an application filed by the applicant for bringing on record the legal representative of the deceased petitioner, namely, Surinder Krishan Raina S/O Late Sh. Sham Lal Raina R/O H. No. 137/4 Pamposh Colony Janipur, Jammu.
2. Issue notice to the respondents.
3. Mr. S. S. Nanda, learned senior AAG waives notice on behalf of the respondents. He submits that appropriate orders may be passed.
4. Mr. K. L. Pandita, learned counsel for the petitioners submits that the applicant, namely, Surinder Krishan Raina is the sole legal heir of the deceased petitioner.
5. For the reasons stated in the application, coupled with the submission made by learned counsel for the parties, the same is allowed. Applicant, namely, Surinder Krishan Raina is arrayed as legal heir of the deceased petitioner.
6. The Registry shall update the index accordingly. Serial No. 6
2 CPOWP No. 41/2017
7. Application is accordingly disposed of.
CPOWP No. 41/2017
8. In the earlier compliance report/statement of facts filed by the respondents, it was stated that the Director Rural Development Department, Kashmir has been directed to hand over the possession of land measuring 10 Kanals and 11 Marlas comprising survey No. 717 situated at village Nunar, Ganderbal and in the latest compliance report/statement of facts, it is stated that an amount of Rs. 22.85 Lakhs on account of compensation has been released in favour of the Director, Rural Development Department for further disbursal thereof in favour of the petitioners.
9.
Learned counsel for the petitioners submits that the amount has not been released further by the Director, Rural Development Department.
10. In view of this, the petitioners shall visit on spot and get the possession of the land in question from the Director Rural Development Department and further the Director Rural Development Department shall release the amount of Rs. 22.85 Lakhs in favour of the petitioners.
11. The contempt proceedings are closed and the instant contempt petition is accordingly disposed of. However, in the event, needful is not done by the Director Rural Development Department, the petitioners shall be at liberty to revive the contempt petition.
(RAJNESH OSWAL)
JUDGE
Jammu 12.03.2025 Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No. Sahil Padha 2025.03.12 00:51 I attest to the accuracy and integrity of this document