Extracted from the PDF above. The PDF is authoritative.
Sr. No. 59
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
OWP No. 1047/2016
Soma Devi
…. Petitioner/Appellant(s)
Through:- Mr. Pawan Kundal, Advocate
V/s
State and others …..Respondent(s)
Through:- Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER 20.03.2025
01. Petitioner, by way of this petition, is seeking following reliefs: -
“Mandamus commanding the respondents to pay an amount to the tune of Rs. 4,50,000/- to the petitioner incurred by her in fully furnishing her building as per the need and requirements of the respondents for opening new tehsil office Arnia in the building of the petitioner at Arnia District Jammu. Mandamus commanding the respondent to pay the outstanding rent to the petitioner in respect of the building rented out to the Tehsil office Arnia by the petitioner as the same has been withheld by the respondents without any reason.”
02. The Tehsil Office at Arnia was established as a new administrative unit in August 2014. Due to non-availability of Government building for the functioning of the office in Tehsil Arnia, this office was established in the rented building of the petitioner, Smt. Soma Devi.
03. The grievance of the petitioner is that at the instance of the respondents, she fully furnished the building to meet the needs and requirements of the Revenue Department and incurred expenses for
OWP No. 1047/2016
the same. The premises was rented out to the Tehsil Office, Arnia, w.e.f. 01.11.2014, and the petitioner has approached the respondents for the release of the rent of the building and also the expenses incurred by her for furnishing of the building as per the requirement of the respondents.
04. The respondents in their reply have submitted that the Rent Assessment Committee in its meeting held on 19.09.2016, had initially fixed the rent at Rs. 4000/- per month, which was subsequently revised to Rs. 11,000/- per month vide order dated
04.09.2017. It is further submitted that a total sum of Rs. 9,24,000/- was sanctioned for the period from 01.03.2014 to 31.03.2022, out of which Rs. 8,88,000/- has already been paid to the petitioner, leaving a balance of Rs. 36,000/-. The building was vacated by the office of Tehsildar Arnia, in March 2022,.
05. In compliance to the directions of this Court, the respondents have deposited the pending amount of Rs. 36,000/- with the Registry of this Court. The respondents dispute the petitioner’s claim regarding reimbursement of expenses for furnishing the building for their requirements.
06. The outstanding rent from 01.03.2014 to 31.03.2022, amounting to Rs. 36,000/-, stands deposited in the Registry by the respondents.
Learned counsel for the petitioner submits that the amount deposited may be released in her favour.
07. Keeping in view the aforesaid facts and circumstances, the petitioner is held entitled to receive the amount deposited in the Registry. Accordingly, Registry shall release the said amount in favour of the
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petitioner after proper verification and identification by her counsel. Insofar as the petitioner’s claim for reimbursement of furnishing expenses is concerned, the same involves disputed questions of fact, which cannot be adjudicated in the writ jurisdiction
08. Disposed of.
(SINDHU SHARMA) JUDGE
Jammu: 20.03.2025 Vishal Khajuria