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Jammu & Kashmir High Court

Jagdev Singh vs State And Ors. on 10 November, 2017

Author: Alok Aradhe

Bench: Alok Aradhe

                     HIGH COURT OF JAMMU AND KASHMIR
                                 AT JAMMU


OWP No. 1694/2015
MPL No. 01/2015
                                                         Date of order: 10.11.2017
           Jagdev Singh                     vs.                State and ors.
Coram:

           Hon'ble Mr Justice Alok Aradhe, Judge
Appearing counsel:

For Petitioner/appellant(s) :       Proxy counsel vice Mr. Ashok Sharma, Advocate
For respondent (s)          :       Mr. Ehsan Mirza, Dy. AG.
i/      Whether to be reported in                     Yes/No
        Press/Media?

ii/     Whether to be reported in                     Yes/No
        Digest/Journal?

With the consent of learned counsel for the parties, the matter is heard finally.

In this writ petition, the petitioner inter alia seeks a direction to the respondents to evict respondents 7 to 10 from the State land bearing Khasra No. 354 measuring 15 kanals situated at village Khabbar Tehsil Taryath District Rajouri.

When the matter was taken up today, learned counsel for the petitioner submitted that under the provisions of the J&K State Land Revenue Act, 1996, respondent No. 4 has issued show cause notice to respondents 7 to 10 and thereafter no action in the matter has been taken. On the other hand, leaned counsel for the respondents submitted that suitable action under the provisions of the Act shall be taken in pursuance of the notice served on the respondents 7 to 10 and proceedings against them shall be taken under law and concluded expeditiously as possible.

OWP No. 1694/2015 Page 1 of 2

In view of the submissions made and in the facts of the case, this writ petition is disposed of with a direction to the respondent No. 2-Deputy Commissioner, Rajouri to take a decision for eviction of respondents 7 to 10 in accordance with law in pursuance of the show cause notice issued to them. Needless to say that respondents 7 to 10 be afforded opportunity of hearing before passing appropriate orders. It is made clear that this Court has not expressed any opinion on merits of the case.

Accordingly, the writ petition is disposed of.

(Alok Aradhe) Judge Jammu 10.11.2017 Karam Chand OWP No. 1694/2015 Page 2 of 2