Jammu & Kashmir High Court
Balwant Raj vs State Of J&K And Others on 3 April, 2023
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
Sr.No. 81
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No.705/2017
Balwant Raj .... Petitioner(s)
Through :- Mr. R.K.S.Thakur, Advocate
V/s
State of J&K and others ....Respondent(s)
Through :- Ms.Aparna Gupta, Advocate vice
Ms. Monika Kohli, Sr. AAG
Mr. Adarsh Sharma, Advocate
Mr. Sachin Dogra, Advocate
Mr. Sachin Sharma, Advocate in CM No.7519/2020
Coram: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
03.04.2023 CM No.7519/2020 This is an application filed on behalf of six persons seeking intervention in the writ petition as intervener with a prayer or placing on record order/judgment dated 04.12.2020 passed in CM No.634/2020 in PIL No.19/2011 and judgment and order dated 04.12.2020 passed in OWP No.876/2014 & OWP No.119/2016, by virtue of which the present controversy has been settled.
Objection to the application are stated to have been filed by the petitioner but the same are not scanned. Learned counsel for the petitioner passed on copy of the objections filed to the application, the same are taken on record.
I have considered the application as well as objections filed by the petitioner.
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The case of the applicants is that they are the allottees or various plots in Housing Colony, Gole Gujral, Jammu by way of draw of lots and they have huge hard earned money to the Jammu Development Authority for the plots. It is submitted the Gole Gujral Housing Colony has been established in Khasra No.746 of Gole Gujral, Jammu and that the subject matter of writ petition is also land falling in Khasra No.746 min of Gole Gujral, as such, decision in the writ petition shall have bearing on their rights with respect to plots allotted to them by the JDA in draw of lots. Therefore, the applicants are required to be heard in the matter being necessary party to the litigation.
After having considered the application and the objections filed by the petitioner, it is clear that the applicants have a right to be heard in the mater because in respect of the property in question the JDA has issued allotment in their favour as they were the successful allottees in the draw of lots. Therefore, while hearing ad deciding the writ petition, they are required to be heard.
Thus, this application is allowed. The applicants named in the application are allowed to intervene in the matter as interveners and as such, are impleaded as interveners.
Pleadings are complete.
Urgency as been expressed by the learned counsel for the respondents for disposal of the writ petition at an earliest With the consent of learned counsel for the parties, let the matter be listed for final hearing/disposal on 2nd May, 2023.
Meanwhile, interim directions shall continue till next date of hearing.
(Vinod Chatterji Koul) Judge Jammu:
03.04.2023.
Vinod, PS 3