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JAGDISH RAJ AND OTHERS v. PARKASHO DEVI AND OTHERS

Court: High Court of Jammu and Kashmir

Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR. JUSTICE MA CHOWDHARY

Judgment date:

Case summary

High Court of Jammu and Kashmir judgment dated 2024-11-12. JAGDISH RAJ AND OTHERS v. PARKASHO DEVI AND OTHERS. Read the judgment and case details on LawSphereX.

Judgment text

Sr. No. 03 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 235/2024 in OWP No. 402/2005 CM No. 6550/2024 Cav No. 1634/2024 1. Jagdish Raj Aged 61 Years S/o Late Sh. Sain Dass R/o Village Mokhey Teshil R. S Pura, Jammu. 2. Milkhi Ram (Deceased) S/o Late Sh. Sain Dass R/o Village Mokhey Teshil R. S Pura, Jammu. Through his Legal heirs 2. 1 Deputy Lal Aged 55 Years S/o Late Sh. Milkhi Ram S/o Late Sh. Sain Dass R/o Village Mokhey Teshil R. S Pura, Jammu. 2. 2 Sohan Lal Aged 46 Years S/o Late Sh. Milkhi Ram S/o Late Sh. Sain Dass R/o Village Mokhey Teshil R. S Pura, Jammu. 2. 3 Preeto Devi Aged 67 Years W/o Late Sh. Milkhi Ram R/o Village Mokhey Teshil R. S Pura, Jammu. 3. Taro Devi (Deceased) D/o Late Sh. Sain Dass W/o Sh. Gurdass Chand R/o Village Jinderbelu Tehsil R. S Pura, Jammu Through her legal heirs 3. 1 Karanjeet Sandhu Aged 55 Years S/o Sh. Gurdass Chand R/o Village Jinderbelu Tehsil R. S Pura, Jammu. 3. 2 Sudesh Kumari Aged 58 Years W/o Sh.

Charan Dass R/o Bhagajan, Tehsil R. S Pura. 4. Kamla Devi Aged 56 Years D/o Late Sh. Sain Dass R/o Bohran Valley, Batala Gurdaspur, Punjab. 2 LPA No. 235/2024 5. Janak Raj Aged 46 Years S/o Bimla Devi D/o Late Sh. Sain Dass R/o Rathana Tehsil R. S Pura. …. Appellant(s) Through :- Mr. Ved Raj Wazir, Sr. Advocate with Mr. Rajat Sudan, Advocate. V/s Parkasho Devi (Deceased) W/o Late Amar Nath R/o Village Mokhey Tehsil R. S Pura, Jammu Through Legal representative No. 1 to 14. 1. Tarsem Lal S/o Late Amar Nath R/o Village Mokhey Tehsil R. S Pura, Jammu. 2. Kanta Devi W/o Tarsem Lal R/o Village Mokhey Tehsil R. S Pura, Jammu. 3. Ram Paul S/o Tarsem Lal R/o Village Mokhey Tehsil R. S Pura, Jammu. 4. Dharam Pal S/o Tarsem Lal R/o Village Mokhey Tehsil R. S Pura, Jammu. 5. Neelam Devi D/o Tarsem Lal R/o Village Mokhey Tehsil R. S Pura, Jammu. 6. Prem Chand S/o Amar Nath R/o Village Mokhey Tehsil R. S Pura, Jammu. 7. Bachno Devi W/o Prem Chand R/o Village Mokhey Tehsil R. S Pura, Jammu. 8.

Parveen S/o Prem Chand R/o Village Mokhey Tehsil R. S Pura, Jammu. 3 LPA No. 235/2024 9. Parvinder Kumar S/o Prem Chand R/o Village Mokhey Tehsil R. S Pura, Jammu. 10. Darshan Lal S/o Amar Nath R/o Village Mokhey Tehsil R. S Pura, Jammu. 11. Veena Devi W/o Darshan Lal R/o Village Mokhey Tehsil R. S Pura, Jammu. 12. Preeti Devi D/o Darshan Lal R/o Village Mokhey Tehsil R. S Pura, Jammu. 13. Ravi Kumar S/o Darshan Lal R/o Village Mokhey Tehsil R. S Pura, Jammu. 14. Neha Devi D/o Darshan Lal R/o Village Mokhey Tehsil R. S Pura, Jammu. 15. J&K Special Tribunal, Jammu. 16. Joint Agrarian Reforms Commissioner, (with Powers of Commissioner Agrarian Reforms), Jammu. 17. Tehsildar, Jammu. 18. Divisional Commissioner, Rail Head …. Respondent(s) Complex. Through :- Ms. Monika Kohli, Sr. AAG. Mr. Rameshwar Singh Jawmal, Advocate for caveators. HON’BLE THE CHIEF JUSTICE CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 12. 11. 2024 Cav No.

1634/2024 With the appearance of learned counsel for the caveators, Caveat stands discharged. 4 LPA No. 235/2024 LPA No. 235/2024 1. Mr. V. R Wazir, learned counsel appearing on behalf of the appellants submits that the present appeal is pressed by the appellant only to the extent of direction that the land in reference shall stand restored back and then shall remain subject to final outcome of the appeal. 2. Mr. Wazir, learned senior counsel has fairly stated that he has no objection in remanding the matter to the Joint Commissioner Agrarian Reforms (with powers of Commissioner Agrarian Reforms), Jammu in terms of order impugned herein, provided a direction be issued to the parties to maintain status quo with regard to land in reference, to which Mr. Rameshwar Singh Jamwal, learned counsel appearing on behalf of the respondents (caveators) has no objection. Their statements are taken on record. 3.

With the consensus of learned counsel for the parties, this appeal is, disposed of, by modifying the direction passed in OWP No. 402/2005 vide order impugned dated 20. 08. 2024 to the extent that the parties shall maintain status quo as on today with regard to land in reference. 4. Disposed of as above. ( (MA Chowdhary) ) (Tashi Rabstan) Jammu: Judge Chief Justice 12. 11. 2024 Surinder Surinder Kumar 2024. 11. 12 16:21 I attest to the accuracy and integrity of this document

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.