HANS RAJ v. UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY WORKS DEPTT AND OTHERS.
WP(C)/1567/2020 · 2025-07-02
Rahul Bharti
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3506 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3506 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case:- WP(C) No. 1567/2020
Hans Raj age 64 years S/o Dhannu R/o village Baggan, tehsil Billawar district Kathua.
…..Petitioner(s)
Through: Mr. H. C. Jalmeria, Advocate.
Vs
1. UT of Jammu and Kashmir through Commissioner/Secretary Public Works Department,
Civil Secretariat Srinagar/Jammu.
2. The Chief Engineer PMGSY, Rail Head, Jammu.
3. The Superintending Engineer PMGSY, Circle Jammu.
4. The Executive Engineer, PMGSY, Billawar, District Kathua. .….Respondent(s) Through: Ms. Pallavi Sharma, Assisting Counsel vice Mr. Ravinder Gupta, AAG.
Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER (02.07.2025)
01. During the pendency of the writ petition, a subsequent development came to take place which resulted in the shifting of the alignment of the road otherwise originally conceived which was meant to serve the vicinity of the households in which the house of the petitioner is situated but because of intervention of so called aggrieved owners that in terms of the original alignment their ownership land was being sought to be appropriated without land acquisition exercise, as such, the alignment came to be shifted Serial No. 05
2
WP(C) No. 1567/2020
during the pendency of this writ petition and this is what is the stand of the respondents as well in their reply to the writ petition.
02. As such, the purpose for which the petitioner came forward with the writ petition has been rendered infructuous and, accordingly, the present writ petition is dismissed leaving it free for the petitioner to approach the authority/ies concerned whomsoever those may be for the purpose of seeking any connectivity with the changed alignment of the road which has come to be constructed and in case, if the petitioner would still feel aggrieved of any adverse response from the authority/ies concerned, the dismissal of this writ petition would not come in the way of the petitioner to resort to appropriate legal remedy.
03. The authority/ies would be well advised to consider the case of the petitioner as well as similarly placed house owners with an open application of mind considering the fact that road connectivity meant to be serving the common interests of all inhabitants of the locality from where the road is meant to be passed through.
04.
Disposed of along with connected application(s).
(RAHUL BHARTI) JUDGE JAMMU
02.07.2025
Bunty
Whether the order is speaking: Yes/No Whether the order is reportable : Yes/No