High CourtsSINGLE BENCH(2017) 05 J&K CK 0022

Mohammad Mukthar Shiekh vs Union of India & Ors.

Jammu And Kashmir High Court · Decided on 6 May 2017

HON’BLE JUDGES
Ramalingam Sudhakar
RESULT
Disposed Of
CASE NUMBER
516 of 2012

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Judgment

13 paragraphs · 242 words
1.

The Writ petition is of the year 2012.

2.

Petitioner claims to be the owner of property comprising of 04 Kanals of orchard garden in District Kupwara and states that the same has been

occupied by 21 RR, Rajwara Army forcibly in the year 2000 and stationed there till December 2009.

3.

Writ petition is admitted to hearing and taken up for final hearing.

4.

Petitioner appears to have approached the Deputy Commissioner Kupwara-respondent No. 5 herein for release of rent as well as

compensation for the land and fruit bearing trees. Petitioner also relies upon the report of Deputy Commissioner, Kupwara stating that the fruit

bearing trees have been damaged by the occupation of the security forces. There are repeated requests to the Deputy Commissioner, Kupwara for

releasing of rent and compensation. The proof of the proceedings pending before the respondent no. 5 is evident from annexure-P-7 which shows

certain details of the complaint made by the petitioner through Chief Ministers Grievance Cell.

5.

In this view of the matter, if the 5th respondent-Dy. Commissioner, Kupwara has not processed the claim of the petitioner he shall immediately

process the same on the basis of record and forward it to respondents 1 to 3 so as to enable them to take a decision in relation to the release of

rent and compensation for the alleged occupation.

6.

The writ petition stands disposed of in the above terms along with connected MPs.