Rakesh Sharma v. Managing Director J and K Housing Board Green Belt Park Gandhi Nagar Jammu and Another

ORDER

30.09.2025

¶1The predecessor-in-interest of the applicant had filed the writ petition impugning the order dated 13.03.2019, whereby his request for charging old rates of the plot as applicable on 27.09.2010 before issuance of the new brochure/demand notice issued in the year 2011 was rejected.

¶2The learned Writ Court vide its order dated 18.08.2022 disposed of the writ petition preferred by the predecessor-in-interest of the applicant by directing the respondents to immediately and forthwith handover the possession of the subject plot to him without insisting or claiming the interest amount worked out by the respondents for delayed payment of installements. The predecessor-in-interest of the applicant being aggrieved of judgment dated 18.08.2022 of the Writ Court, preferred an intra court

RP No. 46/2025

appeal bearing LPA No. 129/2023 which was dismissed by this Court vide order dated 22.08.2025.

¶3The applicant has filed this application seeking review of judgment dated

22.08.2025 passed by this Court on the ground that this Court has not taken note of the fact that the amount so demanded by the respondents vide communication dated 23.04.2011 was deposited by the predecessor-in-interest of the appellant within fifteen days from the issue of that letter.

¶4The judgment dated 22.08.2025, sought to be reviewed, depicts that the predecessor-in-interest of the applicant was intimated through communication dated 23.04.2011 that the application for allotment of plot is accepted in prescribed form only and he was asked to submit application form duly filled/attested and duly signed terms and conditions of the brochure. He was also asked to deposit ₹19,123/- with the respondents on account of balance registration fee. Thereafter, the predecessor-in-interest of the applicant not only submitted the bank draft of ₹19,123/- and duly signed brochure but also deposited the cost of plot at the rate of ₹11,89,888/-. This Court in its order dated 22.08.2025 has observed that after having accepted the terms and conditions of allotment and depositing cost of plot pursuant thereto, the appellant is estopped from laying any claim that he was entitled to allotment of plot at the cost prevalent in the year 2010.

¶5The contention raised by the applicant in this application for review of judgment dated 22.08.2025 has already been taken note of by this Court and as such, through the medium of instant application, the applicant

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cannot re-agitate the contention that stands already considered by this Court.

¶6For all what has been analyzed hereinabove, we do not find the present case fit for review of judgment dated 22.08.2025 passed by this Court. Accordingly, the instant application is dismissed.

(RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu

30.09.2025 Rakesh

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: RP No. 46/2025 in LPA No. 129/2023 Rakesh Kumar Sharma …Petitioner(s)/Appellant(s) Through: Petitioner is present in person (th. virtual mode) v/s Managing Director J&K Housing Board and another …. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG CORAM: HON'BLE THE CHIEF JUSTICE (th. virtual mode) HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.