Jammu and Kashmir Court April 2006 Judgments

Collector Land Acquisition, theIn Dam Project Vs. Sunit Sharma and ors ...

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ146

J.P. Singh, J.1. Aggrieved by award dated 18.02.1999 of learned District Judge, Kathua, on a reference under Section 18 of the State Land Acquisition Act, 1990, awarding compensation for seven kanals under survey No. 1386 at the rate of Rupees sixteen thousand per kanal and for two kanals and eleven marlas (2K 11M) at the rate of Rupees eight thousand per kanal alongwith solatium at the rate of 15 % and interest at the rate of 6% per annum, Collector Land Acquisition, Thein Dam Project, Basoli, has filed this appeal questioning the finding of the District Judge awarding enhanced compensation to the respondent.2. During the pendency of this appeal, appellant's counsel pointed out that respondent, Amrit Paul, had passed away in 1997 and award made by the learned District Judge without impleading legal representatives of the deceased respondent as respondents in the proceedings, stood vitiated.3. Sh. Qazi, learned Counsel for the appellant, submits that the award made by the learned Distr...

Sukhdev Kumar Vs. Harjinder Singh and ors.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ517

J.P. Singh, J.1. This appeal is directed against judgment dated 22.11.2005 of Motor Accidents Claims Tribunal, Jammu, in so far as it rejects Claims Petition No. 44/2001 titled 'Sukhdev Kumar v. Jagjit Singh and Anr'.2. Sh. P.S. Chandel appearing for the appellant submits that the Motor Accidents Claims Tribunal, had been harsh in closing the evidence of the appellant, who could not appear as his own witness in the case because of reasons beyond his control. He further submits that the injuries suffered by the appellant and his inability to reach the Tribunal on the date fixed for leading evidence have not been considered by the Tribunal, which has hastened to close the evidence resulting dismissal of his claim petition. Sh. Chandel seeks opportunity for the appellant to appear as his own witness before the Tribunal and to produce such other evidence which he may produce on the date fixed for the purpose by the Tribunal.3. Sh. D.S. Chouhan objects to the submission of learned Counsel f...

State of J and K and ors. Vs. Dr. Pawan Kumar Gupta

Court: Jammu and Kashmir

B.A. Khan, C.J. (A)1. This appeal is directed against Writ Court judgment dated 6.9.2004, allowing respondent's writ petition, SWP No. 99/2003, and directing appellant to consider the respondent for appointment against the post of Lecturer of Bio-Chemistry in Health and Medical Education Department, un-influenced by the refusal of Public Service Commission to extend the validity period of the select panel.2. The appeal raises an important issue, viz. whether an Open Merit candidate could be considered and appointed against a reserved Scheduled Tribe category post in the facts and circumstances of the case.3. The matter is embroiled in the jungle of facts. The Public Service Commission issued Notification No. 4-PSC of 1998 dated 31st March, 1998, inviting applications for two posts of Lecturers in Bio-Chemistry in Health and Medical Education Department, one in the Open Merit Category and the other in Scheduled Tribe Category. Respondent was a candidate for the post in Open Merit Catego...

Rajvir Singh Vs. Union of India (Uoi) and ors.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ177

ORDER AND DISCIPLINE OF THE FORCE In that he, at Nowhalta on 10.6.95, while performing the duties of Subedar (G) of 07 Bn BSF, improperly and without authority, released an apprehended militant Nazir Ahmed Sofi, a chief of 'AL- JEHAD' outfit, from the BSF custody.Third Charge BSF Act Section 40 AN ACT PREJUDICIAL TO GOOD ...

Dr. G.A. Gujri Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ489

Bashir A. Kirmani, J.1. About to complete 25th year of its sad continuation, this writ petition forms the latest round of litigation that was waged by petitioner against respondent-State and its functionaries as far as back in 1982 but did not end despite express court orders in his favour, and arises now with the following circumstantial backdrop.2. Claiming to have been wrongfully denied his appropriate and rightful seniority in the department the petitioner, who has been member of the Gazetted service of the State Animal Husbandry Department, instituted SWP No. 111/82 along with some co-petitioners which was disposed of by this court in September 1998 in following terms:This petition is accordingly disposed of with the direction that respondent authorities would take notice of the observations made above and the requisite consequential relief be granted to the petitioner, Government has already granted such a benefit to a person similarly situate namely Dr. S.S. Dua vide Government ...

Farooq Ahmad Ganai Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ207

Bashir A. Kirmani, J.1. This petition enshrines a prayer for initiation of contempt proceedings against respondents for alleged violation of judgment of this curt dated: 28.4.2003 purported to have been passed in SWP No. 605 of 2003 whereunder petitioner's plea of appointment under SRO 43 of 1994 was disposed of with an observation that he shall file representation before competent authority who shall consider and dispose of the same within three months there from provided the said SRO was in force on that date. Grounds pleaded are that despite service of a copy of judgement alongwith representation, respondents failed to act in terms thereof and as such are guilty of disobedience. In their statement of facts respondents have stated that petitioner's father namely Abdul Gani Wani was no doubt working as Daily Wager with respondent/department and due for regularization in terms of SRO 64 of 1994, but he died before such regularization even though same had been duly recommended to Admini...

Building Operation Vs. Jyoti Singh and anr.

Court: Jammu and Kashmir

Permod Kohli, J.1. The petitioner, a statutory authority has called in question order dated 9-9-2005 passed by respondent No.2 in exercise of its appellate jurisdiction under the provisions of Control of Building Operations Act, 1988.2. Briefly stated the facts as emerge from the record reveal that respondent No. 1 applied to the petitioner for grant of sanction/permission for construction of building at 1st Floor of the existing house for residential purposes. Petitioner granted sanction/permission for construction vide its sanction No. 139/BS/2002 dated 24-7-2002 and approved the plan with certain conditions as appended to the sanction order. It is alleged that respondent No.1 commenced construction in violation of the sanction plan. On the report of the Khilafwarzi Inspector a Show Cause Notice dated 4-9-2003 was issued to respondent No. 1 to dis-continue the construction, followed by notice dated 20-10-2003 to demolish the un-authorized construction. In the meanwhile respondent No....

Abdul Rashid Vs. Abdul Aziz

Court: Jammu and Kashmir

Reported in: 2006(2)JKJ414

Permod Kohli, J.1. This revision arises out of order dated 18-10-2003 passed by the learned District Judge, Kathua reversing the order of Munsiff, Billawar dated 20-2-2003.2. Briefly stated the facts as emerge from the record are that the present petitioner filed a suit for permanent prohibitory injunction in the Court of Munsiff, Billawar against the defendants from raising construction over the property comprising Survey Nos 201, 1960, 1965, 2819 situated at village Barota, Tehsil Billawar claiming himself to be co-owner in possession with the defendants.3. It was alleged that without partition of the property and without the consent of the plaintiff, the defendants are raising construction over the joint land. The defendant contested the suit on the ground that the property was partitioned by oral partition and both the parties are in possession of half of the share. The defendants further stated that one of the defendants is in the process of raising construction of residential hou...

Qadir Bhat and ors. Vs. Jk Special Tribunal and ors.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ542

Bashir A. Kirmani, J.1. On 27.2.1989, petitioners herein instituted an appeal before Commissioner, Agrarian Reforms against mutation order purporting to have been attested by respondent No. 1 on 4.2.1999 which got dismissed in default on 31.7.1995 prompting the petitioners to file an application for re-admission thereof which too appears to have been dismissed as time barred on 18.8.1998 prompting them to institute a revision petition against the dismissal order of re-admission application before the JK Special Tribunal. That too was dismissed on 15.9.2003 whereupon the round of litigation ultimately concluded. Aggrieved thereby the petitioners have now instituted this writ petition for quashment of orders passed by Commissioner, Agrarian Reforms and Special Tribunal; as aforesaid on the ground that both the orders have been passed in total disregard of attending circumstances of the matter which if objectively assessed would have sufficiently justified re-admission of petitioners appe...

Manzoor Ahmad Bandh Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2007(1)JKJ200

Bashir A. Kirmani, J.1. Claiming to have applied for being appointed as RT in newly created Government School of Banderpora in response to advertisement notice No. 5720-DSEK of 2003 dated 13.12,03 publicized through concerned Chief Education Officer vide his no, CEO/PUL/SSA/1133-45 dated 16.02.2004 the petitioner complains that even though submitted in time on 4.3.2004 while the cut of date was 10th March 2004 the concerned ZEO i.e. respondent No. 4 refused to entertain his application on the ground that he was already engaged as educational volunteer in NGS Centre Banderpora, whereupon he presented the application to concerned CEO i.e. respondent No. 3 against receipt No. 9571 dated 4.3.2004 which was marked by him to ZEO concerned with a direction for his enlistment in the panel of candidates, who instead of complying it brought the matter to notice of Director (second respondent) informing him about petitioner's prior engagement as educational volunteer and the subsequent receipt of...