Jammu & Kashmir High Court - Srinagar Bench
Mohammad Maqbool Beigh vs State Of J&K And Ors on 17 September, 2019
Author: Rashid Ali Dar
Bench: Rashid Ali Dar
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
OWP No. 557/2004
Mohammad Maqbool Beigh
Petitioner(s)
Through:- Mr. Mudasir Ahmad, Adv.
Vs.
State of J&K and Ors.
Respondent(s)
Through:- Mr. M. A. Chashoo, AAG.
Officer present in Court:
Mr. Sami Arif, Chief Engineer, R&B (PWD), Kashmir CORAM:-
Hon'ble Mr. Justice Rashid Ali Dar, Judge.
(ORDER) 17.09.2019
1. Learned AAG submits that the case of the petitioner will be placed before High Level Committee (HLC) on an earlier date so that the rehabilitation of the petitioner is made as has been sought in terms of the instant petition.
2. Learned counsel for the petitioner however submits that more than four decades have passed and no decision has been taken till date to redress the grievances of the petitioner. This according to him is in breach of rights of the petitioner. He has made reference of various annexures to petition particular Annexure P-1 wherein it is being stated that the bottlenecks in the shape of structure TZ-80 at Tankipora Zaindar Mohalla had to be removed in the year 1980 and the occupant/petitioner has to be provided with an alternative site for running the shop either at Habba Kadal or Ikhrajpora. The
1|Page communication dated 6.05.2003 issued under the signatures of Superintending Engineer concerned reveals that the property situated at Tankipora, Zainder Mohalla had to be auctioned for proposed construction.
Furthermore communications dated 13.09.2003 and 3.11.2003 issued by Superintending Engineer, (R&B) Circular Road Project, Srinagar (S) has also been referred by the learned counsel for the petitioner to substantiate his argument that the learned Court is required to take note of the pathetic condition of the petitioner who has been deprived of his rights to utilize the property.
3. In the objections submitted on behalf of the respondents, it is being stated that the department could not construct the shop at Habba Kadal for the reason that there was a dispute inter se between the shopkeepers.
4. Be it so, let a decision be taken by the respondents by or before next date of hearing. Having regard to said state of affairs revealed from a summary view of the pleadings and communications thereto, the decision is expected to be taken without any further delay. A copy of decision so taken be filed by or before next date.
5. List on 13th October 2019.
6. Appearance of Mr. Sami Arif, Chief Engineer (R&B) PWD, Kashmir is dispensed with for the time being
7. Copy of this order be provided to learned counsel for the parties under the seal and signature of Bench Secretary of the Court.
(Rashid Ali Dar) Judge Srinagar 17.09.2019 "Aasif"
AASIF GUL 2019.09.17 23:00 I attest to the accuracy and
integrity of this document 2|Page