SATISH KUMAR v. UT OF J AND K TH COMMISSIONER SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, JAMMU AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2025-12-24. SATISH KUMAR v. UT OF J AND K TH COMMISSIONER SECRETARY, HOUSING AND URBAN DEVELOPMENT...
Judgment text
Sr. No. 130 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 3664/2025 Pronounced on : 24. 12. 2025 Uploaded on : . 12. 2025 Satish Kumar, Aged 65 years, ..... Petitioner(s) S/o Sardari Lal, R/o H. No. 1/B, East Extension, Near Railway Crossing, Trikuta Nagar, Jammu. Through :- Mr. Imran Ahmed Rather, Advocate v/s 1. UT of J & K through Commissioner/Secretary to Govt. ..... Respondent(s) Housing & Urban Development Department, Civil Secretariat, Jammu/Srinagar. 2. Vice Chairman, JDA, Rail Head Complex, Jammu. 3. Secretary, JDA, Rail Head Complex, Jammu. Through :- Mr. Atul Verma, Advocate vice Mr. Adarsh Sharma, Advocate CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER (ORAL) 1. The petitioners, through the medium of present writ petition, has sought the following reliefs: i. To command the respondents to issue the order of allotment in favour of the petitioner with regard to commercial site measuring 15X40 shop site No.
17 Extension-II, Transport Nagar, Jammu, the possession of which has been handed over to the petitioner by the respondents in lieu of allotted shop bearing No. 115 at Boweria Market, Bagh-E-Bahu, Jammu on the analogy of similarly situated and circumstanced persons which also include the private respondent. ii. To command the respondents not to dislodge/dispossess the petitioner from the possession of commercial site measuring 15X40 shop site No. 17 Extension-II, Transport Nagar, Jammu till the matter is finally adjudicated upon by this Court. 2 WP (C) No. 3664/2025 2.
Learned counsel for the petitioner has submitted that the petitioner would feel satisfied if the representation (Annexure-VI to the writ petition), stated to have been filed by the petitioner before the Vice Chairman, Jammu Development Authority, Rail Head Complex, Jammu, is considered and decided by the said authority in light of the judgments passed by this Court in the cases of similarly situated persons, within a specified time. 3. Mr. Adarsh Sharma, learned counsel appearing on behalf of the respondents/JDA is not averse to the proposition made by learned counsel for the petitioner. 4. Accordingly, with the consent of learned counsel for the parties, this writ petition is disposed of, at its threshold, with a direction to Respondent No. 2 & 3 to consider and decide the representation (Annexure-VI to the writ petition), stated to have been filed by the petitioner, in accordance with law, keeping in view the treatment given to similarly situated and circumstanced persons.
The representations shall be decided by respondents Nos. 2 & 3 within a period of three months from today and till such time the representations are decided, the present status of the petitioner shall not be disturbed. (Moksha Khajuria Kazmi) Judge JAMMU 24. 12. 2025 Manan Whether the order is speaking : Yes Whether the order is reportable : No
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