Court : Jammu and Kashmir
Reported in : 2008(3)JKJ464
Virender Singh, J.1. In the instant appeals, the appellants are calling in question the validity of the order dated 28-03-2007 on common questions of law and facts, therefore, are being taken together for disposal.2. Distribution and fixing of electricity tariff applicable to various categories of consumers of the State of Jammu & Kashmir was earlier the executive function of Power Development Department of the State Government (for short hereinafter to be referred to as PDD). With the enactment of Jammu & Kashmir State Electricity Regulatory Commission Act, 2000 (hereinafter referred to as the Act), the power to determine the electricity tariff has come to be vested with State Regulatory Commission (hereinafter referred to as Regulatory Commission). The Regulatory Commission under the powers conferred under Section 36 read with Section 17(2) of the Act made regulations called Jammu & Kashmir State Regulatory Commission (Terms and Conditions for Determination of Distribution Tariff) Re...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ175
Mansoor Ahmad Mir, J.1. I appears that respondent No. 9 came to be arrayed as respondent, not in the capacity of State party, but in his capacity as receiver. The State has not been arrayed a party to the writ petition and, as such, same is not maintainable. Writ petition cannot lie against private persons and on this ground alone, writ petition merits dismissal.2. It appears that the petitioner has questioned order dated 31-12-1998 passed by Additional District Judge read with order dated 15-5-2000 passed by this Court in a revision petition. The order has attained finality. Writ petitions cannot challenge orders passed by the civil court and upheld by the revisional court. I am fortified in my view by a judgment of the apex court reported as : [1970]1SCR322 .3. Petitioners have also challenged mutation orders No. 546 and 568 passed under Sections 4 and 8 of the Agrarian Reforms Act respectively. Neither the petitioners nor the respondents have assailed these mutation orders by way of...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ177
Mansoor Ahmad Mir, J.1. Petitioners, by the medium of these revision petitions, have questioned orders dated 20.05.2006,27.12.20.06 and 15.02.2007 passed in learned 1st Additional District Judge, Srinagar, in Civil Suit titled Abdul Majid Bhat and Ors. v. State and Ors. for short the impugned orders, on the grounds taken in the revision petitions.2. It appears that plaintiffs-respondents herein filed a suit for recovery of money. Petitioners-defendants 3 and 4 filed written statement. The petitioners-defendants 3 and 4 have admitted in para-3 of their written statement that Rs. 3,39,743/- is due to plaintiffs 1 to 3. It is apt to reproduce para 2(a) and 3 of the written statement heroin:(a) That the said para is partly admitted and it is submitted that the work was allotted to plaintiff No. 1 who executed the same to the tune of Rs. 2,91,200.00, and the whole work executed at Iqbal Park vide NIT (01) is under investigation of Director General Tourism appointed by Government as enquiry ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(3)JKJ87
K.S. Radhakrishnan, C.J.1. Government of Jammu and Kashmir, Civil Secretariat, Revenue Department, issued a notification dated April 12, 1999 under Section 6 of the State Land Acquisition Act, 1990, stating that land measuring 298 Kanals and 08 Marias is needed for construction of fish farm at village Rakh Sultanpora, Tehsil Sonawari, District Baramulla. It also authorized Collector, Land Acquisition, SDM, Sopore, under Section 7 of the Act to take order for acquisition of the land as per specifications mentioned therein. The Government also directed the Collector to inform the indenting department to deposit cost of the land to his Collectorate and issue a declaration under Section 17 of the Act Collector accordingly took action and issued notice dated March 9, 2000 under Sections 9 and 9-A of the State Land Acquisition Act to the owners/interested persons in the land to attend his office on March 24, 2000 at 11 a.m. to put forth their written objections, claims and interests, if any,...
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