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Jammu & Kashmir High Court - Srinagar Bench

Syed Mohammad Ishaq vs State Of Jk & Ors. on 6 October, 2017

Author: Ramalingam Sudhakar

Bench: Ramalingam Sudhakar

            HIGH COURT OF JAMMU AND KASHMIR
                      AT SRINAGAR

OWP No. 1549/2017
MP No. 01/2017
                                           Date of Order: 6th October, 2017.

Syed Mohammad Ishaq                     Vs.           State of JK & Ors.

Coram:
             Hon'ble Mr Justice Ramalingam Sudhakar, Judge.

Appearance:

      For the Petitioner(s):    Mr S. A.Qadiri, Advocate.
      For the Respondent(s):    Mr R. A. Khan, AAG vice

Mr M. A. Rathore, AAG.

i) Whether approved for reporting in Yes/No Law Journals etc.:

ii) Whether approved for publication in Press: Yes/No

01. By the nature of relief sought for, this writ petition is admitted to hearing and taken up for final disposal.

02. The writ petition, which is of the year 2017, has been filed for the following relief(s):

" I) By writ of Mandamus, commanding the respondents particularly respondents 3 & 4 to issue RBA certificate in favour of the children of the petitioner under RBA Act 2006;

II) By writ of Mandamus commanding the respondents to decide the representation of the petitioner for issuance of RBA certificate and pass effective orders without causing OWP No. 1549/2017 Page 1 of 2 further delay in the matter, same will be in the interest of justice."

03. The petitioner seeks RBA certificate in favour of his three children, i.e. 2 boys and one girl. He has filed a representation for issuance of RBA certificate before the Deputy Commissioner, Anantnag, i.e. Respondent No. 2 herein and same is pending before the Respondent Nos. 3 and 4 for the last one year. Since no action has been taken in respect thereto, the present writ petition has been filed for the above stated relief.

04. Mr R. A. Khan, learned AAG, appearing vice Mr Rathore, AAG, states that if the representation is otherwise in order and all requisite documents are enclosed, then the authority will accord consideration to the claim of the petitioner for issuance of RBA certificate in favour of his children, if not already done.

05. In view of the above, the instant writ petition is disposed of directing the Tehsildar, Kokernag, i.e. Respondent No.3 herein, to consider the claim of the petitioner for grant of RBA Certificates in favour of his children if the same is otherwise in order, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of certified copy of this order.

06. Writ petition alongwith connected MP(s) disposed of as above.

(Ramalingam Sudhakar) Judge Srinagar October 6th, 2017 "TAHIR"