Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 3267 (JK)

INHABITANTS OF VILLAGE CHANJLOO TH JAVID AHMED NAIK v. UT OF J AND K TH COMMISSIONER SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS

WP(C)/1191/2025 · 2025-05-27

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No. 1191/2025 CM Nos. 2830/2025 & 2831/2025 Inhabitants of Village Chanjloo, Tehsil Banihal, District Ramban through their representative Javid Ahmed Naik, age 38 years, S/o Ghulam Akbar Naik, R/o Village Chanjloo, Tehsil Banihal, District Ramban. …..Appellant(s)/Petitioner(s) Through: Mr. Qadri Towkeer Nazir, Advocate. Vs 1. Union Territory of Jammu & Kashmir through Commissioner/Secretary, PWD(R&B) Department, Civil Secretariat, Jammu. 2. Chief Engineer PWD(R&B), Department, Jammu. 3. Superintending Engineer, PWD (R&B), Circle Doda. 4. Executive Engineer PWD(R&B) Divisional Banihal. 5. Assistant Executive Engineer PWD(R&B), Divisional Banihal. 6. Sub-Divisional Magistrate, Banihal. 7. Station House Officer, Police Station, Banihal. 8. Naib Tehsildar Banihal. 9. Ghulam Mohd. Zohda S/o Rehman Zohda, R/o Chanjloo Banihal, District Ramban. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG Mr. Ravinder Gupta, AAG. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (27.05.2025) 1. Pursuant to the direction given by this Court, in terms of an order dated 16.05.2025 read with order dated 20.05.2025, the Serial No. 07 2 WP(C) No. 1191/2025 Executive Engineer PWD (R&B), Division Banihal, Mr. Nawaz Ahmed Banday, who came to be so posted in terms of Government Order No. 164-PW(R&B) of 2025 dated 20.05.2025, has come forward with the status report bearing facts and circumstances to the best of his efforts gatherable from the record to state that because of local resistance by some persons claiming themselves to be the owners of the land through which the proposed road is meant to pass through, the road construction work has been held up, so much so, there are two civil suits titled “Ab. Jabbar Zodha Vs. UT of J&K and others” and “Mohd. Hussain and others Vs. UT of J&K and others” filed in the District and Subordinate Court, Ramban. 2. Notwithstanding, the institution of said civil suits, this writ petition is disposed of with a direction to the Deputy Commissioner, Ramban to provide the nishandehi of the land through which the proposed road is meant to pass through and, in case, if the nishandehi happens to be that it is the State land which is meant to be appropriated for the purposes of the road alignment than on the basis of the nishandehi, the construction of the road in reference is directed to take place notwithstanding any stay/restraint order passed by the civil court/s. 3. Needful exercise to be done by the Deputy Commissioner, Ramban within a period of 15 days from the date of receipt of copy of this order. 3 WP(C) No. 1191/2025 4. Registrar Judicial, Jammu is directed to provide a copy of this order to Mrs. Monika Kohli, learned Sr. AAG for the sake of forwarding the same to the Deputy Commissioner, Ramban for notice and compliance. 5. Disposed of. (RAHUL BHARTI) JUDGE JAMMU 27.05.2025 Shivalee Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Shivalee Khajuria 2025.05.29 10:11 I attest to the accuracy and integrity of this document