Jammu and Kashmir High Court

WP(C)/3444/2023 of SMT. ROOPA JI AND ORS. Vs UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT) on 30 December 2023

matter HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 3444/2023 CM No. 8338/2023 Smt. Roopa Ji and Ors. ….. Petitioner (s) Through: Mr. Aftab Ahmad, Adv. V/s Union Territory of J&K & Ors. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice

98

Supplementary matter

HIGH COURT OF JAMMU &KASHMIR AND LADAKHAT SRINAGAR

WP(C) No. 3444/2023 CM No. 8338/2023 ….. Petitioner (s)

Smt. Roopa Ji and Ors.

Through: V/s

Mr. Aftab Ahmad, Adv.

Union Territory of J&K & Ors.

….. Respondent(s)

Through:

Coram:

Hon’ble Mr. Justice Sanjay Dhar, Judge.

ORDER

30.12.2023

The short grievance of the petitioners projected in this petition is that respondent No. 2/Divisional Commissioner, Kashmir is not taking a decision in respect of the application of the petitioner for alienation of the land measuring 06 Kanals and 04 Marlas falling under Survey Nos. 550. 551, 552, 553, 554, 608 and land measuring 03 Kanals and 16 Marlas falling under Survey No. 503 situated at Chattibanday, Bandipora despite petitioners having applied for the grant of permission in the year 2012 in terms of J&K Migrant Immovable Property (Preservation, Protection & Restraint on Distress Sales), Act, 1997.

Having regard to the limited nature of the controversy involved in this writ petition, the same can be disposed of at the threshold itself by extending appropriate direction to respondent No. 2/Divisional Commissioner, Kashmir.

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Accordingly the writ petition is disposed of with a direction to respondent No. 2 to take appropriate decision in the application of the petitioner for grant of permission to alienate the land in accordance with Statutes and rules governing the field. The decision shall be taken expeditiously preferably within a period of one month from the date a copy of this order is made available to the said respondent. Disposed of as above along with connected CM

SRINAGAR30.12.2023Aasif

(Sanjay Dhar) Judge

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