Jammu and Kashmir High Court
WP(C)/2414/2025 of MOHD SHABROZ Vs UT OF J AND K TH COMMISSIONER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT JAMMU AND OTHERS on 2 September 2025
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.2414/2025 CM No.5584/2025 Mohd. Shabroz …..Appellant(s)/Petitioner(s) Through: Mr. Achal Sharma, Advocate. q vs UT of J&K & Ors. .…. Respondent(s) Through: Ms. Nazia Fazal, Advocate vice Mrs. Monika Kohli, Sr.AAG for R-3
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HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
WP(C) No.2414/2025
CM No.5584/2025
Mohd. Shabroz
…..Appellant(s)/Petitioner(s)
Through: Mr. Achal Sharma, Advocate.
q
vs
UT of J&K & Ors. .…. Respondent(s)
Through: Ms. Nazia Fazal, Advocate vice
Mrs. Monika Kohli, Sr.AAG for R-3 & 4. Ms. Jagmeet Kour, Advocate vice Mr. Raman Sharma, AAG for R-1, 2, 5 & 6.
Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER02.09.2025
01. Petitioner claims to be co-sharer of land measuring 01 kanal 13 marlas, falling under Khasra No.803/1, situate at Village Chowkian, Tehsil Darhal, District Rajouri, which is stated to have been acquired by the Department of Health Services, i.e. respondents No.1, 2, 5 & 6.
02. The contention of the petitioner is that he, being a co-sharer, is also entitled to the compensation of the aforesaid land acquired by the respondents as the process of release of compensation is yet to be finalised.
03. It is further case of the petitioner that respondent No.7-Mohd. Rashid filed a writ petition; WP(C) No.52/2020 in this Court to claim compensation as an absolute owner of the aforesaid land. The said petition came to be disposed of by this Court on 20.08.2025, whereby respondent No.7 and petitioner were given liberty to take recourse to the appropriate proceedings. It is also case of the petitioner that he has challenged the mutation of the land in question by way of separate suit for partition in the Court of ACR, Rajouri and preferred a representation before respondent No.5-Chief Medical Officer, Rajouri-the Indenting Department, for redressal of his grievance. However, learned counsel for the petitioner submits, that respondent No.5 has not accorded any consideration.
04. After brief submissions, learned counsel for the petitioner submits that he will satisfied, in case the Indenting Department, in particular, respondent No.5 is directed to consider the representation filed by the petitioner on 20.08.2025 and Additional Deputy Commissioner, Rajouri is directed to dispose of the appeal against mutation with expedition.
05. Having regard to the limited nature of controversy and innocuous prayer made by learned counsel for the petitioner, present petition is disposed of with a direction to respondent No.4-Additional Deputy Commissioner (with the powers of Commissioner Agrarian Reform), Rajouri to decide the appeal preferred by the petitioner against the mutation with respect to the land in question bearing Khasra No.803/1 with expedition preferably within a period of two months from the date copy of this order is made available. Respondent No.5 is directed to consider the representation dated 20.08.2025 filed by the petitioner, as per law.
06. Disposed of along with connected application(s).
(Rajesh Sekhri) Judge
Jammu02.09.2025Eva