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2025 DAILYLAW 5093 (JK)

S INDER SINGH v. ASHOK MEHTA CHIEF SECRETARY GAD AND OTHERS

CCP(S)/329/2022 · 2025-08-18

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2405/2021 CM Nos. 960/2023 & 8380/2021 c/w CCP(S) No. 329/2022 CM No. 7040/2022 S Inder Singh …..Appellant(s)/Petitioner(s) Through: Mr. Navneet Dubey, Advocate. vs UT of J&K and ors. .…. Respondent(s) Through: Ms. Priyanka Bhat, Advocate vice Ms. Monika Kohli, Sr. AAG Mr. Inderjeet Gupta, Advocate. Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 18.08.2025 WP(C) No. 2405/2021 1. After arguing for a while, Mr. Navneet Dubey, learned counsel for the petitioner very fairly submits that insofar as the relief of the petitioner vis-a-vis land comprising Khasra No. 182 situated at Rakh Raipur Satwari, Jammu is concerned, he does not want to press the same, in light of the fact that during the pendency of the instant writ petition, the respondents have issued the Govt. Order No. 66-JK(Rev) of 2021 dated 08.10.2021, by virtue of which the respondents have accorded sanction and transferred the state land measuring 974 Kanals 02 Marlas situated at village Rakh Raipur, Tehsil Jammu South and District Jammu in accordance with the Rule 310 of General Financial Rules, 2017 for establishment/expansion of Jammu airport to the Serial No. 16 2 WP(C) No. 2405/2021 c/w CCP(S) No. 329/2022 Airport Authority of India (AAI), free of cost, in terms of the National Civil Aviation Policy, 2016. 2. Mr. Navneet Dubey further submits that since the aforesaid Government Order, which has been placed on record with the objections so filed by the respondent No. 7, has been passed allegedly in pursuance of the Administrative Council’s Decision No. 103/14/2021 dated 07.10.2021 without affording any opportunity of hearing to the petitioner and since the aforesaid order has been passed during the pendency of the instant petition, he seeks liberty of this Court to challenge the aforesaid order dated 08.10.2021 by way of appropriate proceedings and accordingly he seeks withdrawal of the instant petition insofar as the aforesaid land comprising Khasra No. 182 situated at Rakh Raipur Satwari, Jammu is concerned. 3. In light of the submissions made by the learned counsel for the petitioner and in light of issuance of the aforesaid Government Order dated 08.10.2021 during the pendency of the instant writ petition, prayer made by Mr. Navneet Dubey to call in question the aforesaid Govt. Order, if so advised, by way of appropriate proceedings is allowed. Accordingly, the instant writ petition is disposed of qua the land comprising Khasra No. 182 situated at Rakh Raipur Satwari, Jammu is concerned. 4. Insofar as the plea of the petitioner vis-a-vis remaining land other than the land comprising Khasra No. 182 situated at Rakh Raipur Satwari is concerned, the instant petition remains alive and the petitioner is at liberty to contest the same. 3 WP(C) No. 2405/2021 c/w CCP(S) No. 329/2022 5. Mr. Navneet Dubey, learned counsel for the petitioner submits that he has received a copy of the response filed by the respondent No. 7, as such, he seeks a week’s time to go through the same. 6. Time is granted. 7. List on 08.09.2025. 8. Interim direction dated 03.11.2021 is modified to the extent that status quo shall remain in operation vis-a-vis land except the land comprising Khasra No. 182 situated at Rakh Raipur Satwari, Jammu. CCP(S) No. 329/2022 1. In light of the order passed in WP(C) No. 2405/2021, Mr. Navneet Dubey, learned counsel for the petitioner submits that he does not want to pursue the instant contempt petition, as the same has been rendered infructuous. 2. His statement is taken on record. 3. In view of the submission made by the learned counsel for the petitioner, proceedings in the instant contempt petition are closed and the instant contempt petition is accordingly disposed of along with the connected application. Rule, if any, shall stand discharged. (WASIM SADIQ NARGAL) JUDGE Jammu 18.08.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.08.20 11:23 I attest to the accuracy and integrity of this document