Chief Secretary to Govt of Jk and Ors v. Jia Lal Raina

ORDER (23.12.2025)

¶01Though this Court is not cherishing the manner in which the Government of Union Territory of Jammu and Kashmir is taking liberty of invoking the jurisdiction of this Court by acting upon the whims and fancies of its Law Department officials by sidelining the opinion and instructions of Senior Additional Advocate General or for that matter other Government counsel who are to represent the Government of Union Territory of Jammu and Kashmir in the matter before this Court and that position is reflected from the present petition but nevertheless this Court is venturing to show indulgence. Serial No. 168 Supplementary List-4

¶02In a civil suit filed by one Jia Lal Raina son of Kanth Ram Raina Vs. State of J&K & Ors., money compensation decree dated 29.11.2008 came to be passed by the court of Additional District Judge, Jammu which came to be assailed by three of five judgment debtors in a Civil First Appeal CFA No. 1/2010 before this Court in which, by virtue of an order dated

14.03.2011, appellants/judgment debtors-who being Chief Secretary, Government of J&K ; Director General of Police-DGP, J&K, and the Deputy Inspector General of Police-DIG, Kashmir Range, Srinagar came to be directed to deposit an amount of Rs. 7,00,000/- attending the institution of said civil first appeal and which amount is said to have been deposited on 05.04.2011.

¶03Later on, said appeal CFA No. 1/2010 is said to have suffered dismissal for non-prosecution on 21.09.2021 resulting in vacation of the interim direction by default.

¶04For readmission of said civil first appeal, the appellants are said to have preferred a time-barred restoration application CM No. 7787/2025 which is said to be pending consideration before this Court.

¶05The plaintiff/decree holder-Jia Lal Raina expired on

29.11.2017. Said decree holder/plaintiff-Jai Lal Raina was figuring as respondent No. 1 in the Civil First Appeal CFA

No. 1/2010 and upon his death his legal representatives had submitted an application IA No. 1/2018 for being brought on record but before they could be brought on record the appeal had come to suffer dismissal for non-prosecution in terms of an order dated 21.09.2021.

¶06Post deposit of Rs. 7,00,000/-, an amount of Rs. 5,00,000/- is said to have been released in favour of the decree holder/plaintiff-Jia Lal Raina during his lifetime with a remainder of Rs. 2,00,000/- still lying in deposit with this Court at the time of dismissal of the appeal for non-prosecution and for seeking release of which the legal representatives have been come forward with an application.

¶07In the meantime, the executing court of Additional District Judge (Commercial Court), Jammu by virtue of an order dated 10.12.2025, being seized of execution petition is taking the execution of the decree to its logical conclusion for which the judgment debtors/the petitioners herein have been directed to deposit the decretal amount in the Court with a simultaneous direction to furnish the account details of the judgment debtors for the purpose of attachment.

¶08An order to this effect has been passed by the court of Additional District Judge (Commercial Court), Jammu on

10.12.2025 which has left judgment debtors/petitioners nonplus to rush to this Court with present petition acting on the dictate of the Assistant Legal Remembrancer, Department of Law, Justice and Parliamentary Affairs in terms of communication No. LAW-LIT5/3041/2025-10 dated 19.12.2025 urging the Senior Additional Advocate General to file writ petition under article 226 read with article 227 of the Constitution of India.

¶09The petitioners who are actually in the role of judgment debtors/appellants are desperate to somehow escape the attachment of Account Head.

¶10Such is the state of desperation of the petitioners that the respondent named in the present petition is a dead person i.e. Jia Lal Raina.

¶11This Court is reserving its resentment from being expressly stated in this order with respect to the manner in which the legal affairs are being attended to at the end of none else than the top tier of Civil and Police Administration of the Union Territory of Jammu and Kashmir.

¶12This petition is disposed of with a request to the court of Additional District Judge (Commercial Court), Jammu to defer the operation of the direction in order dated

10.12.2025 with respect to deposit of the decretal amount

with the Executing Court and also for furnishing of account details of judgment debtors/appellants for attachment purposes, for a period of next two months so as to provide time to the petitioners herein to approach the first appellate court which is also this Court in connection with its pending restoration application to seek the indulgence by laying motion to the effect for interim directions till the outcome of application seeking re-admission of the appeal.

¶13A copy of this order be forwarded to the court of Additional District Judge (Commercial Court), Jammu by Registrar Judicial, Jammu for the sake of notice and compliance.

¶14A copy of this order be also provided to Mrs. Monika Kohli, learned Senior AAG under the seal and signatures of the Bench Secretary of this Court.

(RAHUL BHARTI) JUDGE JAMMU

23.12.2025

SUNIL

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 8375/2025 Chief Secretary to Govt. of J&K and Ors. …..Petitioners Through: Mrs. Monika Kohli, Sr. AAG with Ms. Nazia Fazal, Assisting Counsel Vs Jia Lal Raina. .…. Respondent Through: CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE