Jammu & Kashmir High Court
Jagdev Singh vs State And Others on 11 August, 2017
Author: B. S. Walia
Bench: B. S. Walia
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
OWP No.152/2017
Date of order:11.08.2017
Jagdev Singh Vs. State & ors.
Coram:
Hon'ble Mr. Justice B. S. Walia, Judge
Appearing counsel:
For Petitioner (s) : Petitioner present in person.
For Respondent(s) : Mr. F. A. Natnoo, Adv. for R-4.
i) Whether to be reported in
Digest/Journal : Yes/No.
ii) Whether approved for reporting
in Press/Media : Yes/No.
Oral:
1. Writ petition has been filed praying for the following reliefs:-
(I) Writ of Mandamus commanding respondents to:-
(a) Take necessary steps to supply a certified copy of the document (Annexure-A) to the petitioner on his application (Annexure-B0 permissible under Section 76 of the Evidence Act, 197, (1920 AD); and
(b) Take steps to disburse the amount of rehabilitation package of Rs.5,50,000/- (Five lacs fifty thousand) to the head of family of the late father of the petitioner i.e. petitioner on his claim application treating the document of a certificate of payment of ex-gratia rehabilitation assistance of Rs.3500/- on 24.09.1964 to this late father by respondent No.4 namely Annexure-A as a sufficient proof for the purpose.
AND (II) Any other appropriate writ, order, direction or relief which this Hon'ble Court may just, deems fit and proper in the facts and circumstances of the case in favour of the petitioner and against respondents.
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2. Counter has not been filed despite the amended writ petition having been admitted on 17.04.2017.
3. Mr. Natnoo, learned counsel for respondent No.4 states that he has no objection to prayer No.1(a) i.e., for supply of certified copy of Annexure-A provided the same is available in the record. As regards the claim for taking of steps to disburse an amount of rehabilitation package of Rs.5.50,000/- to the head of family of the late father of the petitioner i.e. petitioner on his claim application treating the document of a certificate of payment of ex- gratia rehabilitation assistance of Rs.3500/- on 24.09.1964 to this late father by respondent No.4 i.e., Annexure-A as a sufficient proof for the purpose, learned counsel for respondent No.4 states that subject to verification of registration of the petitioner's father as displaced person from POK with the authorities in Jammu & Kashmir, appropriate recommendation for payment of rehabilitation amount in terms of policy applicable would be made by respondent No.4 to respondent No.3, who in turn, would require to process the same for forwarding to the competent authority subject to entitlement of the petitioner. __________________________________________________________________ OWP No.152 of 2017 Page 2 of 4
4. None for respondent Nos.1 to 3. In the circumstances, the writ petition is disposed of by directing respondent No.4 to take steps to supply certified copy of Annexure-A in terms of the application (Annexure-B) submitted by the petitioner under Section 76 of the Evidence Act as per record and further to take steps to process the claim of the petitioner for payment of rehabilitation amount on account of being displaced person from POK by verifying the record. In case, if on verification of record, it is found that the petitioner was registered as displaced person from POK and had not migrated to Jammu & Kashmir from any other State, then in that eventuality, recommendation as per policy be made by respondent No.4 to respondent No.3, who in turn on receipt of the recommendation would take action in accordance with law to process the recommendation and to forward the same to the competent authority for grant of relief, if any, to which the petitioner may be entitled to. Needless to mention, if required by the respondents, the petitioner would co-operate with the respondents and provide any document and complete any formality as may be required in processing of the claim. Needful be done within a period of three months __________________________________________________________________ OWP No.152 of 2017 Page 3 of 4 from the date, certified copy of the order is submitted to respondent No.4.
Writ petition along with connected MP(s), if any, stands disposed of in the aforementioned terms.
(B. S. Walia) Judge Jammu 11.08.2017 Ram Murti __________________________________________________________________ OWP No.152 of 2017 Page 4 of 4