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2025 DAILYLAW 5155 (JK)

RAHUL SHARMA v. J.D.A.AND ANR.

OWP/344/2016 · 2025-03-05

Wasim Sadiq Nargal

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. :- OWP No. 344/2016 Rahul Sharma, Age 26 years, S/o Yash Pal Sharma, R/o Village Gurah Bala, Tehsil Hira Nagar, District Kathua. At present 535/3, Channi Himmat, Jammu. …..Petitioner(s) Through: Mr. Narinder Kumar Attri, Adv. Vs 1. Jammu Development Authority Th. its Vice Chairman, Vikas Bhawan, Rail Head Complex, Jammu. 2. Secretary, Jammu Dev. Authority, Vikas Bhawan, Rail Complex, Jammu. .…. Respondent(s) Through: Mr. Atul Verma, Advocate vice Mr. Adarsh Sharma, Advocate. Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 05.03.2025 1. Learned counsel for the parties submit that the issue, which has been projected in the instant petition is covered by the judgment passed by a Co-ordinate Bench of this Court on 28.02.2024 in OWP No. 877/2015, which petition was dismissed for having been rendered infructuous. However, in other clubbed matters being OWP No. 54/2004, as a lead clubbed matter, were disposed of and while disposing of the same, a Co-ordinate Bench vide aforesaid order passed the following directions:- “In view of the aforesaid facts and circumstances of the case, these petitions are allowed. The orders of cancellation impugned in these petitions issued qua the petitioners are quashed. In other petitions, where the petitioners claim that the respondent are depriving them from the possession of plots duly allotted to them, the respondents shall proceed with regard to them only after providing them an opportunity of hearing and pass a speaking order in this regard. It is, however, open for the respondents to consider the issue on irregular allotment of plots S.No. 99 2 made and pass an appropriate order in this behalf as per law after providing the reasonable opportunity of hearing to the petitioners.” 2. Thus, this Court deems it appropriate to dispose of the present petition in accordance with the same terms and conditions, taking into consideration the fact that a similar issue has already been addressed by a Co-ordinate Bench of this Court in the aforementioned order in the clubbed matters. 3. Accordingly, the instant petition is disposed of along with the connected application(s). (Wasim Sadiq Nargal) Judge JAMMU 05.03.2025 Ram Krishan Ram Krishan 2025.03.10 15:53 I attest to the accuracy and integrity of this document