SUBASH RAJ AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVT REVENUE DEPTT AND OTHERS
LPA/40/2025 · 2025-05-06
Rajnesh Oswal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2325 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2325 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No.7
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Through Virtual Mode
LPA 40/2025 SUBASH RAJ AND OTHERS …Petitioner(s)/appellant(s) Through: Mr. Rohit Verma, Advocate
Vs.
UT OF J AND K TH COMMISSIONER SECRETARY TO GOVT REVENUE DEPTT AND OTHERS
...Respondent(s) Through: Ms. Monika Kohli, Sr. AAG., R-1 and 2. Mr. Jagpaul Singh, Advocate, R- 3 to 6.
CORAM:
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
O R D E R 06-05-2025
1. Ms. Monika Kohli, learned Sr. AAG., has caused appearance on behalf of the respondent Nos. 1 and 2. Mr. Jagpaul Singh, Advocate, appears for respondent Nos. 3 to 6.
2. This is an intra court appeal under Clause 10 of the Letters Patent Appeal against an order dated 22.12.2023, whereby, with the consent of
learned counsel for the parties and given the issue that was required to be determined, the learned Single Judge disposed of the matter requiring the Additional Deputy Commissioner, Samba, vested with the powers of Agrarian Reforms, to decide the claim of the petitioners. And observed that the subject land shall not be alienated, nor any construction shall be raised thereon, till disposal of the application pending before the competent authority.
3. After we had heard the matter at length, learned counsel for the parties have reached a consensus that even though the learned Single Judge, vide impugned order dated 22.12.2023, had required the competent Junaid Ayoub I attest to the accuracy and authenticity of this document
authority to consider and determine the claim of the private respondents within three months from the receipt of the certified copy of the said order, but to date, the matter has not made any tangible progress. Therefore, it would be expedient if the appeal is disposed of with a direction to the concerned officer to decide the matter within a specified time, after hearing all the stakeholders. And till the matter is finally determined, the subject land, as observed even by the learned Single Judge, shall neither be alienated, nor any construction shall be raised thereon.
4. In the wake of the position sketched out above, and in terms of the statements made by the learned counsel for the parties, the appeal is accordingly disposed of. This Court is sanguine that respondent No. 2 would make every possible endeavor to decide/determine the claim of the private respondents within three months from today, after affording them due/adequate opportunity of hearing. However, in the event the matter is not disposed of within the said period, the parties shall be at liberty to move an appropriate application in this appeal itself for appropriate orders. Further, as agreed between the parties, the subject land shall neither be alienated, nor any construction would be raised thereupon till the matter is finally decided.
5. The petition shall stand disposed of.
(RAJNESH OSWAL)
(ARUN PALLI) JUDGE
CHIEF JUSTICE
SRINAGAR 06-05-2025 Junaid
Junaid Ayoub I attest to the accuracy and authenticity of this document