HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No.2662/2025 Ram Chand and others ..... Petitioner(s) Through :- Mr. Z. A. Qazi, Advocate Vs Union Territory of J&K and others .....Respondent(s) Through :- Ms. Priyanka Bhatt, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG for R-1, 3 & 4. Mr. Ravinder Gupta, Advocate for R-2, 5 & 6. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 26.09.2025 1. The instant petition has been preferred under Article 226 of the Constitution of India by the petitioners whereby the petitioners seek following reliefs:- a. Mandamus commanding the respondents for grant of compensation of the land comprising survey No. 139 land measuring 17 Kanals & 14 Marlas, land comprising survey No.193 min measuring 28 kanals & 02 marlas, 193 min measuring 11 kanals (sole cultivation Nathu Ram) land comprising survey No.195 measruing 16 kanals & 18 marlas situated at village Sira Tehsil Latti-Marothi District Udhampur in faour of the petitioners from the date when respondents had taken illegally, forcibly the possession of land for the purpose of construction of PMGSY road from sira to Garhi Package No.JK14-313 length 05 km 25 meters (05.025) till disbursement along with interest @20 percent per annum as per present market value; Sr. No. 99 2 WP(C) No.2662/2025 b. Directing & Commanding the respondents for grant of rent of the land comprising survey No.139 measruing 17 Kanals & 14 Marlas, land comprising survey No.193 min measuring 28 kanals & 02 marlas, 193 min measuring 11 kanals (sole cultivation Nathu Ram) land comprising survey No.195 measruing 16 kanals & 18 marlas situated at village Sira Tehsil Latti-Marothi District Udhampur in faour of the petitioners from the date when respondents had taken illegally, forcibly the possession of land for the purpose of construction of PMGSY road from sira to Garhi Package No.JK14-313 length 05 km 25 meters (05.025) till disbursement along with interest @20 percent per annum as per present market value; c. Directing & Commanding the respondents and call for record from respondents No.3 to 6 from the date when the respondents had taken possession of above-referred land of petitioners & who much amount of rent has been sanctioned by the respondents in favour of petitioners & who much is released in favour of petitioners from the date when the respondents have taken possession of above-referred land of petitioner from the year, 2011 till date; d. Directing & Commanding the respondents specifically respondent no. 03 i.e. Deputy Commissioner, Udhampur to demarcate the land of petitioners which was utilized for the purposes of construction of PMGSY road from sira to Garhi Package NO. JK14-313 length 05 km 25 meters (05.025) assess the compensation & then grant the compensation to the petitioners; e. Directing & Commanding the respondents to assess & for grant of the compensation of fruit bearing & fruit less trees whose details mentioned below which were damaged from their roots at the time of construction of 3 WP(C) No.2662/2025 PMGSY Road from sira to Garhi Package No. JK14-313 length 05 km 25 meters (05.025) by the respondents cutted some fruit full & fruit less trees & caused damage to other standing trees in the land of petitioners release & pay the compensation of trees as per present market value/rate along with interest @ 20% per annum from the date when the respondents have forcibly illegally & un-authorisedly caused damage to the trees; f. Directing & Commanding the respondents Specifically respondent no's 02,03 & 05 to decide the representations dated 21.07.2025 submitted by petitioners to respondent no 02, representation submitted by petitioners to respondent no. 03 on 11.07.2025 & representation submitted by petitioners to respondent no.05 on 15.07.2025 sent through speed post which are still pending disposal before themselves by passing a reasoned & Speaking order. 2. The case of the petitioners is that they are the sole registered owner of the land comprising survey No. 139 land measuring 17 Kanals & 14 Marlas, land comprising survey No.193 min measuring 28 kanals & 02 marlas, 193 min measuring 11 kanals (sole cultivation Nathu Ram) land comprising survey No.195 measruing 16 kanals & 18 marlas situated at village Sira Tehsil Latti- Marothi District Udhampur from the date when it has been given by their parents after private/family partition. The petitioners are aggrieved from the atrocities meted out by the authorities concerned who had taken the land of petitioners forcibly without adopting the due procedure of law, damaged/utilized the land of petitioner constructed the PMGSY road from Sira to Garhi Package No.JK14-313 length 05 km 25 meters (05.025). Initially, the 4 WP(C) No.2662/2025 earth work had started in the year 2013-2014, thereafter rest of the work has been done slowly but despite approaching each and every concerned authority/respondents by the petitioner from Patwari to Deputy Commissioner, Udhampur and executing agency from Junior Engineer to the Chief Engineer, PMGSY, Jammu, the legal, genuine and justified grievances of the petitioners has not been redressed. 3. Feeling aggrieved of the inaction and biased attitude of above mentioned respondents and other concerned authorities, the petitioners had approached the respondents but till date, no positive response was received from their side. 4. After arguing for a while, learned counsel appearing on behalf of the petitioners prays that the petitioners would be satisfied if the instant petition would be disposed of at this stage, without issuing any formal notice to the respondents by directing the respondents to treat this Writ Petition as representation and accord consideration of the same within reasonable period of time. 5. Learned counsel appearing on behalf of the respondents submits that they have no objection to the prayer made by learned counsel for the petitioners. 6. In light of the submissions made hereinabove and with the consent of learned counsel for the parties, prayer made is allowed and accordingly, the respondents are directed to treat the instant petition filed by the petitioners as representation and accord consideration to the claims of the petitioners, strictly under rules and as per the provisions of law, within a period of six weeks from 5 WP(C) No.2662/2025 the date, copy of this order is served upon the respondents along with copy of this writ petition and annexure(s) as well, by the petitioners 7. The instant petition is disposed of along with all connected application(s). (WASIM SADIQ NARGAL) JUDGE JAMMU 26.09.2025 Shammi SHAMMI KUMAR 2025.09.27 12:33 I attest to the accuracy and integrity of this document