Kewal Krishan and Others v. Ut of J and K Th Commissioner Secretary, Revenue Department, Jammu and Others

ORDER

03.02.2025

¶1The instant petition has been preferred under Article 226 of the Constitution of India whereby the petitioners seeks the direction from this Court to command the respondents to bring to logical conclusion the request of the petitioners for initiating the process of acquisition as well as construction of road from location Peerkhana Siotto the houses of the petitioners or in the alternative from Boys Higher Secondary School to the houses of the petitioners.

¶2The short controversy involved in the instant petition is that from the existing end point of the road there is no constructed four-wheeler road to the houses of the petitioners for which the petitioners have been repeatedly making representations to the competent authority but the respondents for one reason or the other are not considering the request of the petitioners.

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¶3The only ground which has been urged by learned counsel for the petitioners is that the petitioners have preferred a representation before the respondents on 10.05.2023 which till date has not been accorded consideration by the respondents and feeling aggrieved of the same, the petitioner has also served a legal notice dated

15.11.2024 upon the respondents for initiating acquisition proceedings for construction of road. However, the respondents have not taken any decision till date, which impelled the petitioner to file the instant petition.

¶4Mr. Raina, learned counsel appearing for the petitioners submits that the petitioners would be satisfied if the instant petition is disposed of at this stage by directing the respondents to treat this writ petition as representation and accord consideration of the same within some reasonable period of time.

¶5Mrs. Kohli, learned Sr. AAG appearing on behalf of the respondents has no objection to the prayer made by learned counsel for the opposite side.

¶6In light of the submissions made hereinabove and with the consent of learned counsel for the parties, the instant petition is taken up for disposal without issuing any formal notice to the respondents. Prayer made hereinabove is allowed and accordingly, the instant petition is disposed of by directing the respondents to treat the instant petition filed by the petitioners as representation and accord consideration to the claims of the petitioners, strictly under rules and as per the provisions of law, within a period of six weeks from the date, copy

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of this order is served upon Respondent No. 5/Block Development Officer, Siot along with the copy of this writ petition and annexure(s) as well, by the petitioner. However, it is made clear that the petitioners be given opportunity of being heard in the matter before the passing of any final order by the respondents.

¶7The instant petition is disposed of in the manner indicated above.

(Wasim Sadiq Nargal) Judge JAMMU

03.02.2025 Manan

S. No. 17 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. :- WP (C) No. 223/2025 Kewal Krishan & Ors. …..Petitioner(s)/Appellant(s) Through: Mr. Anuj Dewan Raina, Advocate Vs UT of J & K & Ors. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE