S. No. 156
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No. :WP(C) No. 1226/2024
Nanak Chand, age 60 years, Petitioner(s)
…..
S/o Gulabu Ram, R/o Laiter
Bhambla, Tehsil Pouni, District
Reasi.
Through: Mr. Ashok Sharma, Advocate.
Vs
1. UT of J&K Th.
.…. Respondent(s)
Commissioner/Secretary,
Deptt. of Revenue, J&K Govt.,
Civil Secretariat, Jammu;
2. Union of India Th.
Secretary Ministry of Road
Transport and Highways, New
Delhi;
3. Deputy Commissioner,
Competent Authority for Land
Acquisition (CALA) under NH
Act, Jammu District;
4. Dharam Chand, S/o Beli Ram,
R/o Village Gandharwan,
Mohra Tanda, Tehsil Akhnoor,
District Jammu;
5. Parmanand, S/o Beli Ram, R/o
Village Gandharwan, Mohra
Tanda, Tehsil Akhnoor,
District Jammu;
6. Prem Chand, S/o Ram Ditta,
R/o Village Gandharwan,
Mohra Tanda, Tehsil Akhnoor,
District Jammu;
7. Gian Chand, S/o Ram Ditta,
R/o Village Gandharwan,
Mohra Tanda, Tehsil Akhnoor,
District Jammu;
Through: Ms. Aparna Gupta, Advocate vice
Mrs. Monika Kohli, Sr. AAG for
R-1 & 3.
Ms. Parkhi Parihar, Advocate vice
Mr. Vishal Sharma, DSGI for R-2.
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Coram: WASIM SADIQ NARGAL, JUDGE
HON’BLE MR. JUSTICE
ORDER
31.05.2024
1. After arguing for a while, learned counsel appearing for the
petitioner submits that the petitioner would feel satisfied, in case the respondent
No. 2-Secretary Ministry of Road Transport and Highways, New Delhi is
directed to treat the instant writ petition as representation and to accord
consideration to the same with some reasonable time.
2. Heard learned counsel for the petitioner at length and perused the
record.
3. Issue notice.
4. Ms. Aparna Gupta, assisting counsel to Mrs. Monika Kohli,
Sr. AAG waives notice on behalf of respondent Nos. 1 & 3 and Ms. Parkhi
Parihar, Advocate appearing vice Mr. Vishal Sharma, DSGI on behalf of
respondent No. 2. They submit that the respondents have no objection, if the
instant writ petition is directed to be treated as representation and same is
accorded consideration strictly in accordance with the rules and as per law.
5. With the consent of learned counsel for the parties and keeping in
view the facts and circumstances of the case, the instant writ petition is disposed
of, at the threshold, with a direction to the respondent No. 2 to consider the
claim of the petitioner by treating this writ petition as representation and take a
decision thereon strictly under rules and as per law and pass a consideration
order within a period of six weeks from the date a certified copy of this order
alongwith complete set of writ petition are made available to the said
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respondent. It is also made clear that in case, the petitioner intends to file any
other material before the respondent No. 2-Secretary Ministry of Road Transport
and Highways, New Delhi, the same can be filed within aforesaid period
alongwith instant writ petition. The order of consideration, which is likely to be
passed, be forwarded to the petitioner through registered post.
6. Needless to say that in case, the order of consideration goes against
the petitioner, he would be at liberty to challenge the same by way of
appropriate proceedings, if so advised.
7. Disposed of, as above alongwith connected application.
(Wasim Sadiq Nargal)
Judge
JAMMU
31.05.2024
Ram Krishan