SANATHAN DHARAM PRATAP SABHA v. UNION TERRITORY OF J AND K (REVENUE) AND ORS
WP(C)/237/2025 · 2025-03-01
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6205 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6205 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 68
Suppl. cause list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) No. 237/2025
Sanathan Dharam Pratap Sabha ….. Appellant/petitioner(s) Through: - Ms. Asma Rashid, Advocate
V/s UT of J&K and Ors. ….. Respondent(s) Through: - Mr. Allaudin Ganai, AAG
CORAM:
HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE
(ORDER) 01.03.2025
1. The case of the petitioner in nutshell is that he earlier filed a writ petition bearing OWP No. 2122/2015 before this Court, which came to be
disposed of vide order dated 02.02.2016. That subsequently, he approached the revenue authorities for issuance of revenue extracts/Intikhabs in his favour as per the aforesaid Judgment dated 02.02.2016 of this Court in connection whereof the office of respondent No. 3, viz Deputy Commissioner, Srinagar, issued a communication bearing No. DCS/ARA/(Misc-608)2024/709 dated 14.11.2024, thereby directing the Tehsildar South, Srinagar, to implement the orders dated 27.11.2015, 14.01.2016 and 20.09.2016, passed in said writ petition bearing OWP No. 2122/2015 tilted Kamal Nain Dhawan Vs. State of J&K and Ors., in letter and spirit. That subsequently the said respondent No. 3, issued another communication to Tehsildar South, Srinagar vide his No. DCS/ARA(Misc- 608)2024/788 dated 29.11.2024, whereby the directions issued in the earlier Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document
communication dated 14.11.2024, were conveyed to have been kept in abeyance till further orders.
2. As per the disposed of petition bearing OWP No. 2122/2015, the grievance of the petitioner as projected therein was that he is not being provided with the revenue extracts/Fardi Intikhabs for the land under Survey/Khasra numbers 3, 12, 13, 17, 18, 21, 22, and 27 Min situated at village Mouza Barzulla Pati, Allochi Bagh, Srinagar. The said petition in the light of the statement of the Tehsildar South, Srinagar, to the effect that the documents in terms of the order dated 27.11.2015, passed in the said writ petition stood already forwarded to the petitioner through Speed post on
29.12.2015. The Tehsildar South, Srinagar also stated before the Court in the said petition that pursuant to the order dated 14.01.2016, a communication dated 23.01.2016, was addressed to the petitioner and sent to him through registered post with the information that requisite documents in terms of
order dated 27.11.2015 have been already sent to him on 29.12.2015 through Speed post and it was also communicated that if any copy of the said documents was required, then, in terms of Government orders applicable, it was imperative for the petitioner to state the purpose for which the revenue extracts were required so that same can be issued in accordance with the procedure stipulated in respect thereof.
3. A compliance report was also submitted by the respondents in the Court in the said petition bearing OWP No. 2122/2015. However, the petitioner in that petition submitted that he did not receive the copies of the documents, nor communication as referred by the Tehsildar South.
4. The said writ petition came to be disposed of by this Court with the direction to the Tehsildar South, Srinagar to provide duly attested Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document
photocopies of the documents already forwarded to the petitioner through speed post on the petitioner approaching his office, on any working day and subject to providing of identity proof.
5. Since the impugned communication dated 29.11.2024, of the respondent No. 3, arises out of the earlier petition bearing OWP No. 2122/2015 having been finally disposed of vide order dated 02.02.2016, as such, the instant petition can be disposed of at this stage with the direction to the respondents for implementation of the Judgment/order dated 02.02.2016 passed in OWP No. 2122/2015.
6. Accordingly, the instant writ petition is disposed of with the direction to the respondents to comply with the earlier Judgment/order dated 02.02.2016 passed in OWP No. 2122/2015, provided the implementation of the same is not expressly or impliedly barred by any subsequent
Judgment/order of this Court or of the Hon’ble Apex Court on the subject.
7.
Disposed of along with connected CM(s), if any.
(MOHD YOUSUF WANI)
JUDGE SRINAGAR 01.03.2025
“Mohammad Yasin Dar”
Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document