J AND K BOARD OF SCHOOL EDUCATION v. UNION TERRITORY OF J AND K AND ORS. (HOUSING AND URBAN DEVELOPMENT DEPARTMENT)
WP(C)/1710/2020 · 2025-03-07
Javed Iqbal Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7892 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7892 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 23 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) No. 1710/2020 J&K Board of School Education …Petitioner(s)/appellant(s) Through: Mr. M.I. Dar, Advocate. Vs. Union Territory of J&K and Ors ...Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG.
CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R 07-03-2025
In the instant petition, the Petitioner-J&K Board of School Education has sought the following reliefs against the respondents herein, being the Housing and Urban Development Department, Revenue Department, Law Department, Divisional Commissioner, Kashmir, Deputy Commissioner, Kupwara, Tehsildar, Kupwara, Executive Officers, Municipal Council, Kupawara and Administrative Officer of the Court of Principal District Judge, Kupwara:
“(A) That by issuance of a Writ of Mandamus, the Respondent Deputy Commissioner, Kupwara be directed to get the land measuring 2 kanals 01marla Illegally encroached upon/occupied by the Civil Court, Kupwara as well as Municipal Council, Kupwara vacated and subsequently restored in favour of the Jammu & Kashmir Board of School Education;
Or in the alternative
The respondents be commanded/directed to pay suitable compensation as per market rates to the Jammu & Kashmir Board of School Education under law/rules governing the field.
(B) That by issuance of a Writ of Mandamus, the Respondent Divisional Commissioner, Kashmir may be directed to conduct an enquiry as to under what circumstances the said piece of land Junaid Ayoub I attest to the accuracy and authenticity of this document
belonging to the Jammu & Kashmir Board of School Education has illegally been encroached upon/occupied by the Civil Court, Kupwara & Municipal Council, Kupwara.
It is being stated by Mr. Mohsin Qadri, learned Sr. AAG, that there are standing instructions/guidelines laid down in the event a Government Department is litigating against another Government Departments and that the inter se disputes between various Government Departments is amenable by a Committee constituted by the Government headed by the Chief Secretary for resolving such disputes. Mr. Qadri, would submit that although the petitioner Board is a statutory body, it functions as a department of the Government of Jammu and Kashmir, and thus, the disputes raised in the instant petition can as well be addressed by the said Committee. Accordingly, the instant petition is disposed of with a direction to the petitioner herein to agitate the grievances as are raised in the instant petition, before the Committee headed by the Chief Secretary, who in turn shall make an effort to settle the issues raised by the petitioner without any delay.
Disposed of.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR 07-03-2025 Junaid
Junaid Ayoub I attest to the accuracy and authenticity of this document