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2025 DAILYLAW 4463 (JK)

MOHD SHARIEF v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS

WP(C)/2321/2025 · 2025-09-02

Sanjay Dhar

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.2321/2025 Mohd. Sharief …..Appellant(s)/Petitioner(s) Through: Mr. Koushal Parihar, Advocate Vs UT of J&K & Ors. ….Respondent(s) Through: Ms. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (02.09.2025) 1. The petitioner, through the medium of present writ petition, is seeking a direction upon the respondents to recover compensation to the tune of Rs. 6,20,896/- from the private respondents, which has been wrongly disbursed in their favour. A further direction to release Rs. 1,92,540/- in favour of the petitioner, which has already been recovered from the aforesaid amount of Rs. 6,20,896/-, has also been sought. 2. As per the case of the petitioner, an amount of Rs. 6,20,896/- was erroneously disbursed as land compensation pursuant to award dated 04.04.2009 in favour of the private respondents. It has been submitted that the Collector, and Acquisition Railways (Additional Deputy Commissioner, Ramban) after Serial No. 14 2 WP(C) No.2321/2025 hearing the private respondents pursuant to order dated 20.10.2022 passed by this Court in WP(C) No.2261/2022, issued an order dated 30.01.2023, whereby the claim of private respondents was rejected and it was decided that the amount of Rs. 6,20,896/- is required to be recovered from the private respondents. It has been further submitted that till date an amount of Rs. 1,92,540/- has been recovered from the private respondents but the balance amount is yet to be recovered. 3. Issue notice to the official respondents. 4. Mrs. Monika Kohli, Sr. AAG accepts notice on behalf of the official respondents. 5. Having regard to the nature of relief that has been sought by the petitioner in the instant writ petition, the same is disposed of at this stage by extending a direction to the official respondents to release the recovered amount of Rs. 1,92,540/- to the rightful claimants. It is further directed that the official respondents shall effect recovery of balance amount from the private respondents most expeditiously, preferably within a period of two months. 6. The petition stands disposed of. (SANJAY DHAR) JUDGE JAMMU 02.09.2025 Sneha