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2025 DAILYLAW 3814 (JK)

SIKANDER SINGH v. UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY DEPARTMENT OF REVENUE

WP(C)/1667/2021 · 2025-09-16

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1667/2021 Sikander Singh …..Petitioner(s) Through: Mr. Rohit Gupta, Advocate Vs UT of J&K & Ors. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG for R-1 to 6 Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER (ORAL) 16.09.2025 01. This case is taken up out of turn at the request of learned counsel for the petitioner. 02. While the matter was being argued, it has been come to fore that the instant petition has been preferred on behalf of the petitioner who has no locus to agitate the cause for the land which was donated by the father of the petitioner for Community Hall/Panchayat Ghar which is being run by the Government at the present place. Even the petitioner has failed to establish infringement of any legal, fundamental or statutory right in the instant petition and the issue which has been projected in the instant petition raises disputed question of facts. 03. When the learned counsel for the petitioner was confronted with the maintainability of the instant petition submits that he would feel satisfied in case if the respondents are directed to accord consideration to the representation alleged to have been filed by the petitioner in his individual capacity and is pending before respondent No.5 and has not been decided as on date. 04. He further submits that he would feel satisfied in case, if the aforesaid representation which has been placed on record as annexure-III be decided by the said respondent within some reasonable time frame, to which S. No. 74 2 WP(C) No. 1667/2021 Mrs.Monika Kohli, learned Sr. AAG appearing on behalf of the respondent is not averse, provided the same is directed to be accorded consideration strictly under rule and as per law. 05. With the consent of learned counsel for the parties and also in the light of the fact that innocuous prayer has been made, this Court in the peculiar facts and circumstances of the case deems it proper to direct the respondent No.5 to decide the representation which is pending before him within a period of four weeks from the date a copy of this order along with copy of writ petition and the annexures appended thereto are made available to him strictly under rule and as per law. 06. It is further made clear that while deciding the representation, in case, if it is found that some encroachment has been made by any person then the respondents will be at liberty to proceed against the said encroacher, strictly under rule and as per law. 07. The consideration order which is likely to be passed be forwarded to the petitioner through registered post. 08. Disposed of in the manner indicated above. (WASIM SADIQ NARGAL) JUDGE JAMMU 16.09.2025 Vijay Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Vijay Kumar 2025.09.17 17:01 I attest to the accuracy and integrity of this document