Mohd Yaqoob vs State Of J&K; And Others on 24 October, 2018

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Jammu & Kashmir High Court

Mohd Yaqoob vs State Of J&K; And Others on 24 October, 2018

Equivalent citations: AIRONLINE 2018 J AND K 287

Bench: Sanjeev Kumar

      S.No. S2
                     HIGH COURT OF JAMMU AND KASHMIR
                                 AT JAMMU

SWP No. 2167/2018
IA No. 01/2018
                                                                    Date of order: 24.10.2018
Mohd. Yaqoob                                       vs.            State of J&K and others
Coram:

         Hon'ble Mr. Justice Sanjeev Kumar, Judge
Appearance:

For the appellant/petitioner(s): Mr. Z. A. Mughal, Adv.
For the respondent(s) :             Mr. Vishal Bharti, Dy.AG

i)      Whether approved for reporting in               Yes/No
         Law journals etc.:
ii)      Whether approved for publication
         in press:                                       Yes/No
Oral

The petitioner claims that he is owner in possession of the land measuring 01 kanal comprised in khasra No. 128, khewat No. 31/19 and khata No. 116/86 situated at village, Dingla, Tehsil, Haveli, District, Poonch. The petitioner further claims that he donated the aforesaid land free of cost to the respondent-Department for construction of a Water Reservoir in the year, 2008 and a formal agreement in this regard was executed on 31.10.2014. After coming into force SRO 520 dated 21.12.2017, petitioner approached the respondents for engaging the son of the petitioner as Casual Worker but request of the petitioner has not been considered by the respondent-Department.

Learned counsel for the petitioner submits that the petitioner would feel satisfied if this petition is disposed of at this stage by directing the respondents to consider the claim of the petitioner for providing the employment to the son of the petitioner, namely, Mohd. Idrees as Casual Worker in lieu of the land donated for construction of Water Reservoir strictly in terms of the provision of SRO 520 dated 21.12.2017 and take appropriate decision in a time bound manner.

SWP No. 2167/2018 Page 1 of 2

To the aforesaid submissions of the learned counsel for the petitioner, learned counsel for the respondents states that the cases of only those land owners who had donated their lands after 31.12.2001 and before coming into force SRO 520 dated 21.12.2017 can be considered.

I have considered the submissions made by the learned counsel for the parties.

Keeping in view the nature of controversy involved and the nature of relief prayed for, this petition with the consent of the parties is admitted to hearing and disposed of by directing the respondents to consider the case of the petitioner for engagement of his son as Casual Worker in lieu of the land, if any, donated by the petitioner to the respondent-Department strictly in terms of the provisions of the aforesaid SRO 520 and pass appropriate order within a period of two months from the date a certified copy of this order is made available to the respondents by the petitioner. No opinion on the merit of the case has been expressed by this Court.

Disposed of.

(Sanjeev Kumar) Judge Jammu:

24.10.2018 Rakesh SWP No. 2167/2018 Page 2 of 2

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