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2025 DAILYLAW 3035 (JK)

MONIKA SHARMA v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS

WP(C)/939/2025 · 2025-04-21

Sanjay Dhar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 939/2025 Monika Sharma .....Applicant(s)/Petitioner(s) Through :- Mr. Gagan Kohli, Advocate v/s UT of J & K and Ors. .....Respondent(s) Through :- Ms. Nazia Fazal, Advocate vice Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 21.04.2025 1. The grievance of the petitioner is that the Respondent No. 3 has issued impugned notice dated 09.04.2025 against the petitioner in terms of Section 133 of the Land Revenue Act without affording him sufficient opportunity to respond to the same and has asked him to restore the land in question to its original nature within a period of five days from the date of receipt of the notice. 2. It has been submitted that within such a short period of time, it was not possible for the petitioner to file reply to the show cause notice and produce the relevant documents before Respondent No. 3 and as such principles of natural justice have virtually been violated. 3. Having regard to the nature of controversy involved in the present petition, the same can be disposed of at its threshold itself by permitting the petitioner to file reply to the impugned show cause notice which shall be considered by Respondent No. 2 in accordance with law. Sr. No. 252 WP (C) No. 939/2025 2 4. Accordingly the petition is disposed of by giving liberty to the petitioner to file reply to the impugned show cause notice within a period of 15 days from today. In case, the petitioner files her reply within the aforesaid period before Respondent No. 3, the same shall be considered by the said respondent strictly in accordance with law and an order thereon shall be passed by the said authority. Till such time reply of the petitioner is considered and the fate of the same is decided by Respondent No. 3, the impugned show cause notice shall not be given effect to. (Sanjay Dhar) Judge JAMMU 21.04.2025 Manik