Gh Qadir Wani v. Union Territory of Jammu and Kashmir Th Secretary Revenue Deptt and Others

JUDGMENT (ORAL)

¶01The cause of action for the petitioner to approach this Court with the present writ petition filed on 09.12.2021 was issuance of an Order No. CLA/SDMR/21/30-34 dated

18.10.2021 by the Collector Land Acquisition (Sub-Divisional Magistrate), Ramsoo, in terms whereof a recovery for an amount of Rs. 1,10,590/- under section 91 of the J&K Land Revenue Act, Svt., 1996 was directed to take place against the petitioner in the context of the facts and circumstances as set Serial No. 08 Regular List

out in the order. Furthermore, said Order No. CLA/SDMR/21/30-34 dated 18.10.2021 also declined the claim of the petitioner for payment of Rs. 1,29,410/-.

¶02Thus, Order No. CLA/SDMR/21/30-34 dated

18.10.2021 purportedly dealt a dual blow to the petitioner, one of denial of his claim for an amount of Rs. 1,29,410/- and on the other hand exposing him to suffer recovery of Rs. 1,10,590/- under the recovery mechanism envisaged in terms of J&K Land Revenue Act, Svt., 1996.

¶03The petitioner came to this Court assailing the course of action at the end of Collector, Ramsoo.

¶04The ground of challenge to the course of action is that without putting the petitioner to any prior notice and affording him a right of hearing, the petitioner has been put to suffer a penal effect Rs. 1,10,590/- to be recovered from him.

¶05A bare perusal of the impugned order would show that there is no recital worth name made by the Collector Land Acquisition (Sub-Divisional Magistrate), Ramsoo stating that the petitioner was duly notified to appear and show cause with respect to refund of amount of Rs. 1,10,590/- in the context as set out in the order itself.

¶06In the light of this lacuna attending the impugned order and course of action at the end of the Collector Land

Acquisition (Sub-Divisional Magistrate), Ramsoo, this Court is inclined to allow the writ petition by setting aside the Order No. CLA/SDMR/21/30-34 dated 18.10.2021 with a corresponding direction to the Collector Land Acquisition (Sub-Divisional Magistrate), Ramsoo, that in case he intends the recovery of Rs. 1,10,590/- to be effected against the petitioner, then due course of law be resorted to which is by putting petitioner to show cause, inviting response from the petitioner's end, granting him an opportunity of hearing and then pass an order bearing reasons, be it in favour or against the petitioner.

¶07This writ petition is, accordingly, disposed of along with connected application(s) by setting aside the impugned order and directing the Collector land Acquisition (Sub-Divisional Magistrate), Ramsoo to act as directed.

¶08The record produced is returned back.

(RAHUL BHARTI) JUDGE JAMMU

04.11.2025

Bunty

Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No

Jammu

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 9235/2021 Date of pronouncement : 04.11.2025 Uploaded on : 06.11.2025 Gh. Qadir Wani ….Petitioner Through:- Mr. Arjun Singh Raju, Advocate. V/s UT of J&K & Ors. …..Respondents Through:- Ms. Monika Thakur, Assisting Counsel vice Mr. Ravinder Gupta, AAG. Mr. Bhanu Jasrotia, GA. \ CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE