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CHAMAN LAL AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS

Court: High Court of Jammu and Kashmir

Bench: HON'BLE MR. JUSTICE SANJEEV KUMAR,HON'BLE MR. JUSTICE PUNEET GUPTA

Judgment date:

Case summary

High Court of Jammu and Kashmir judgment dated 2024-12-04. CHAMAN LAL AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS. Read...

Judgment text

S. No. 18 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 184/2024 1. Chaman Lal Age 46 years 2. Kiran Kumar age 41 years S/o Lt. Gopal Dass 3. Santosh Kumari Age 45 years WD/O Lt. Pawan Kumar 4. Rajesh Kumar Age 25 years 5. Akshay Kumar Age 21 years 6. Vishal Kumar Age 20 years Sons of Late Pawan Kumar 7. Bharti Age 19 years D/o Pawan Kumar All residents of 186 Behind petrol pump, Gumpul Domana Jammu North ... Appellant(s) Through: Mr. Jagjit Rai, Advocate V/s 1. Union Territory of Jammu & Kashmir through Commissioner/ Secretary Revenue Department, J&K Government, Civil Sectt. Jammu. 2. Sub Divisional Magistrate Jammu North (with the powers of commissioner agrarian reform) Jammu. 3. Tehsildar Jammu North. 4. Naib Tehsildar Mishriwala Jammu. 5. Surjit Singh S/o Hardit Singh R/o Near sant Nirankari Bhawan, Gumpul Domana, Tehsil Jammr- North District Jammu. 6. Parshotam Singh S/ o Onkar Singh R/ c Gumpul Domana Jammu. 7.

Kuljeet Kour D/o Labh Singh W o Gulvinder Singh R/o A/P H. NO. 47, Sector-l2 Nanak Nagar Jammu ... Respondent(s) Through: Ms. Monika Kohli, Sr. AAG for R-1 to 4 Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDER 04. 12. 2024 1. This intra court appeal is directed against an order and judgment dated 14. 02. 2024 passed by the learned Single Judge of this Court [“Writ Court”] in WP(C) No. 1218/2022 titled Surjit Singh and others v. UT of J&K and others, whereby the Writ Court has directed respondent No. 2 to pass fresh orders providing further that till fresh order is passed the parties shall maintain status quo in respect of the land covered under mutation No. 2405 dated 12. 03. 1999. th 2.

When this appeal came up for consideration on 4 September, 2024, this Court while issuing notice to the respondents also provided by way of an interim injunction that subject to objections from the other side and till next before the Bench, the Sub Divisional Magistrate, Jammu North exercising the powers of Commissioner Agrarian Reforms shall not finalize the matter in terms of the impugned order passed by the Writ court. The interim directions were passed on 04. 09. 2023, while as the SDM had already finalized the proceedings in terms of the judgment/order passed by the Writ Court on 16. 08. 2024 i. e. prior to the interim directions passed in the instant appeal. 3. For the reasons that the judgment passed by the Writ Court stands already complied with and fresh order has been passed by the SDM, Jammu North, this appeal is virtually rendered infructuous.

Accordingly, this appeal is disposed of as having been rendered infructuous with liberty to the appellants to assail the order of the Sub Divisional Magistrate dated 16. 08. 2024 in accordance with law. (Puneet Gupta) (Sanjeev Kumar) Judge Judge JAMMU: 04. 12. 2024 Vinod, PS Whether order is reportable: Yes/No Vinod Kumar 2024. 12. 05 14. 31 I attest to the accuracy and integrity of this document Jammu

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