Jammu and Kashmir High Court

WP(C)/2866/2022 of SATINDER PAL SINGH BALI Vs U T OF J AND K TH VICE CHAIRMAN JDA JAMMU AND ANOTHER on 31 December 2022

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OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2866/2022 Satinder Pal Singh Bali …..Appellant(s)/Petitioner(s) Through: Mr. Sumir Pandita, Advocate Vs UT of J&K and Another .…. Respondent(s) Through: Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER

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HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU

WP(C) No. 2866/2022

Satinder Pal Singh Bali …..Appellant(s)/Petitioner(s)Through:Mr. Sumir Pandita, Advocate Vs UT of J&K and Another .…. Respondent(s)

: Through

Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

ORDER31.12.2022

01. Through the medium of this writ petition, learned counsel for the petitioner contends that the grandfather of the petitioner namely Late S. Matwal Singh was allotted three plots bearing No 308, 309, and 312 situated at lane No. 3 sector 13 Nanak Nagar, by the respondents and the requisite developmental charges have been deposited from time to time by the petitioner. It is submitted by learned counsel for the petitioner that after the death of petitioner’s father and grandfather, the petitioner approached the respondent-Department with a prayer to transfer the plots in question, i.e., plot no 308, 309, 312 from the name of the grandfather of the petitioner to his name to which the respondents Department asked the petitioner to produce certain documents with regard to the plots in question and same have been submitted to the concerned officials in the Department.

02. It is further submitted that the petitioner has approached to Civil court also and the court vide order dated 14.03.2017 declared the petitioner as legal heir of his father S. Janak Singh Bali and grandfather -S. Matwal Singh with respect to the aforesaid plot numbers.

01. A detailed representation dated 27.07.2022 has also been filed by the petitioner projecting the above stated grievance but till date the same has not been redressed, and, as such, due to the inaction on the part of the respondents the petitioner has approached this court through the medium of this writ petition seeking redressal of his grievances. Learned counsel for the petitioner further submits that the petitioner will be satisfied in case the respondents are directed to dispose of the representation dated 27.07.2022 filed by the petitioner before the respondents.

02. Heard learned counsel for the petitioner.03.Admit.03.Admit.

03. In view of the above submissions made by learned counsel for the petitioner, the instant petition is disposed of at this threshold stage by directing the respondents to accord consideration and pass a speaking order to the representation dated 27.07.2022 allegedly to have been filed by the petitioner before the respondents seeking regularization with regard to the lease hold rights in the name of the petitioner in the official records in respect of the plot nos. 308, 309, and 312 situated at lane No. 3 sector 13 Nanak Nagar, in accordance with the Rules in vogue and in terms of the order passed by the court below in File No. 114/Civil dated 14.03.2017 within a period of six weeks from the date copy of this order along with the copy of writ petition attached with all annexures so filed with the writ petition are made available to the respondents.

(Wasim Sadiq Nargal) Judge

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