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(08.11.2024)

01. Petitioners through the medium of this petition filed under Article 226 of the Constitution of India, seek the following reliefs:-

i. Mandamus commanding the respondents to prematurely release the petitioners who have been languishing behind bars from more than 22 years.

ii. Mandamus commanding the respondents to produce record of Board meeting for pre-release of life convicts which was constituted in year 2019 and also produce record pertains to issuance of S.O. 390 dated 09.08.2024 of Home Department alongwith complete list of recommended convicts who are recommended for remission in the year 2024 and also recommendation of Board for pre-mature release.

(08.11.2024)

01. Petitioner through the medium of this petition filed under Article 226 of the Constitution of India seeks following reliefs:-

(i) Writ of mandamus commanding the respondents particularly respondent No. 3 to hand over the physical possession of plot No. 288/15 Sector-C measuring 44'x60' at Sainik Colony Jammu to the petitioner by executing all necessary documents.

(ii) The respondent No. 3 be further directed to extend the period of 05 years as stipulated in condition No. 4 of the perpetual lease deed dated 18/07/1994 for raising constructions.

08.11.2024 Land Mesuring 03 kanals 02 marlas falling under khasra No. 2549/2406 Min situated at Phagmula Tehsil Pogal Paristan, District Ramban and land measuring 10 marlas falling under khasra No. 2549/2406 situated in the same village along with residential house constructed thereon is said to have been taken over by the respondents for construction of the road.

In the reply filed by the Collector, it has been submitted that the indent has been placed by Chief Engieer, Jammu vide No. CEJ/PMGSY/6706-09 dated 03.07.2023 for acquisition of land in question along with residential house in question. However, it is not mentioned in the reply as to whether any notification for acquisition of the property in question pursuant to the indent has been issued. It appears that pursuant to the indent dated 03.07.2023, the Collector has not issued the notification for initiating the process for acquisition of the property in question in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013.

08.11.2024

1. The petitioner is aggrieved of order dated 09.11.2023 passed by the court of learned Sub Judge (Special Mobile Magistrate), Kathua (hereinafter to be referred the trial court), whereby the application submitted by the petitioner under Order 8 Rule 9 CPC for filing replica to the written statement filed by the respondents has been rejected in part to the extent of replying the factual assertions made in the written statement that the respondents have been recorded in possession of the suit property in the revenue records i.e. Jamabandi 1999-2000, Khasra Kirdawri, 1998 and Kharief, 2022.

2. Mr. Gupta submits that the petitioner has not been permitted to rebut the averments made by the respondents by the learned trial court with regard to the revenue entries mentioned in preliminary objections.

11.11.2024

1. In this case, the appellant was granted bail on 30.12.2019 by this Court, however, till date, he has not been released because no one is there to stand surety for him.

2. This Court takes note of the fact that even after five years of passing of the bail order in his favour, the appellant continues to languish in prison, as nobody has come forward to stand surety for him. The facts disclose that there is prima facie violation of his rights under Article 21 of the Constitution.

3. Under the circumstances, the appellant shall be released on his personal bond to the tune of Rs. 50,000/- to the satisfaction of Superintendent, Central Jail, Kot Bhalwal, Jammu. In addition thereto, as nobody is there to stand surety for him, the appellant shall appear before the court of learned Chief Judicial Magistrate, Poonch once in every month, commencing from 18.11.2024 and thereafter, on such dates as set by the learned CJM, Poonch.

08.11.2024

01. Impugned in this petition filed under Article 226 of the Constitution of India is an order of Central Administrative Tribunal ["The Tribunal'] dated 04.11.2024 in OA No. 61/1175/2024 titled 'Kuldeep Kumar Vs. U.T. of J&K and Ors.', whereby the Tribunal has declined to grant ad-interim ex-parte stay, staying the communications of the Deputy Commissioner, Kathua dated 15.10.2024 addressed to the Director, Anti- Corruption Bureau, J&K and Senior Superintendent of Police, Crime Branch, Jammu.

02. The application for interim relief is still pending and the same will come up for consideration before the Tribunal after the respondents appear and file their objections. Ordinarily, such ad-interim ex-parte orders are not interfered with by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, however, having regard to the fact that the registration of FIR either by the Crime Branch or by the ACB in terms of communications of the Deputy Commissioner, Kathua in OA will seriously prejudice the petitioner, we deem it appropriate to dispose of the application for interim relief pending before the Tribunal by providing as under:-

08.11.2024

1. Mr. Ankur Sharma, learned counsel for the petitioners, submits that he would be satisfied if the respondents are directed to consider the representation of the petitioners and decide the same strictly in accordance with the applicable provisions of law.

2. The respondents submit that the petitioners' claim will be considered strictly in accordance with the provisions of law relevant to the subject matter.

3. The petitioners' case is that they have been in possession of Government land and had applied for regularization and conferment of ownership under the repealed Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001. Ownership rights were initially conferred under this Act; however, by an order passed by the Hon'ble Division Bench of this Court in case titled 'Prof. S.K. Bhalla vs. State of J&K and others', PIL No. 19/2011, the Act was declared unconstitutional, resulting in the setting aside of ownership rights conferred under it.

(08.11.2024)

01. Petitioner through the medium of this petition filed under Article 226 of the Constitution of India seeks for the following reliefs:-

i) Commanding upon the respondents to allow the petitioner to work as Lambardar in view of his appointment vide order No. 145-47/TBG Auth dated 07.07.2022 and also in view of the J&K Lambardari Act, 1972 and J&K Lambardari Rules, 1980 till general elections are held.

ii) Commanding upon the respondents to confirm the appointment of the petitioner in accordance with the J&K Lambardari Act and Lambardari Rules.

08.11.2024

1. The petitioners have sought a direction upon respondent No. 3 to issue passports in their favour.

2. According to the petitioners, they had applied for passports after depositing the requisite fee. The application of the petitioner was allotted file number JM1066761201422 whereas, application of petitioner No. 2 was allotted file number JM1066765476422, whereafter, the said applications were forwarded to respondent No. 2 for verification. The applications were submitted by the petitioners on 11.08.2022 and 12.08.2022 but despite lapse of so many years, the respondents have not taken any action in the matter which has compelled the petitioners to approach this Court.

PER OSWAL-J

1. This intra-court appeal is directed against the judgment dated 30.12.2023 passed by the learned writ court, whereby the writ petition bearing WP(C) No. 3311/2023, filed by the appellant has been dismissed on the ground that the appellant has no locus to assail the order of demolition dated 07.01.2011 issued by the respondent No. 2.

2. Mr. Rahul Pant, learned Senior counsel appearing for the appellant has vehemently argued that the appellant is in possession of the property pursuant to the Agreement to Sell as well as the will executed by the original allottee and being the occupier of the building in question, has locus to assail the order dated 07.01.2011 issued by respondent No. 2 under Section 7(3) of J&K Control of Building Operations Act (For short 'the Act'). He has relied upon the judgments of the Hon'ble Supreme Court of India in "Union of India &Anr. Vs. K.C. Sharma and Company & others" (2020) 15 SCC 209 and "Maneklal Mansukhbhai vs. Hormusiji Jamshedji Ginwala"1950 SCC 83.

1 The petitioner has challenged order No. 214/NRHM of 2008 dated 10.03.2008 issued by respondent No.2 to the extent of engagement of respondent No.4 as Laboratory Assistant under NRHM. A direction has also been sought by the petitioner upon the official respondents seeking his engagement as Laboratory Assistant in CHC, Marwah.

2 Form a perusal of the pleadings of the parties, it appears that a Notification No.02 dated 16.10.2007 was issued by respondent No.2 whereby applications were invited for contractual appointments in various categories at different levels in the erstwhile District Doda. Six posts of Laboratory Assistants were also advertised vide the said notification which was published in a Newspaper on 17.10.2007. A corrigendum to the said notification, was issued vide No.NRHM/DDC/9954 dated 24.10.2007 whereby, besides increasing the number of posts advertised, it was provided that the advertisement of the posts should be read for Districts Doda, Kishtwar and Ramban instead of the erstwhile District Doda. It was further provided that the candidates should be the residents of the erstwhile J&K State and that preference will be given to local candidates. It was also provided that number of posts advertised for the position of Laboratory Assistant would be six (two each) and as per the corrigendum, number of such posts was increased to (12).

(08.11.2024)

01. Petitioners, Mohd Musharaf and Sofia Kouser, claim that they, being major, have contracted marriage in accordance with Muslim rites, against the wishes of their relatives, out of their free will and are living as husband and wife, but are apprehensive to be subjected to physical violence and harassment by such relatives, therefore seeking protection and security cover from official respondents.

02. Heard and perused the record annexed with the writ petition.

03. When two adults consensually choose each other as life partners, it is manifestation of their choice that is recognized under Articles 19 and 21 of the Constitution. Such right has the sanction of constitutional law and once that is recognized, said right needs to be protected and it cannot succumb to conception of class honour or group thinking. Consent of family or community or clan is not necessary once two adult individuals agree to enter into wedlock and their consent has to be piously given primacy. The concept of liberty has to be weighed and tested on the touchstone of constitutional sensitivity, protection and values it stands for.

1 By this common order, the afore-titled two petitions filed under Section 482 of Cr. P. C seeking quashment of FIR No.56/2021 registered at Police Station, Women Cell, Jammu for offences under Section 498-A and 109 of IPC, are proposed to be disposed of.The petitioners in CRM(M) No.386/2022 happen to be the father-in-law and mother-in-law of the complainant, whereas, petitioner in CRM(M) No. 577/2023 happens to be the husband of the complainant.

2 It appears that respondent No. 2/complainant filed an application under Section 156(3) Cr.P.C. before the learned Chief Judicial Magistrate, Jammu, alleging maltreatment at the hands of her husband and his other family members (petitioners herein) over demands for dowry. The learned Magistrate endorsed the said application to the concerned Police, and on the basis of direction of the Magistrate, the impugned FIR came to be registered. 3 It seems that during pendency of the aforesaid proceedings, learned counsel for the petitioners made a statement that a compromise has been arrived at between the parties. Therefore, on the basis of the said compromise, vide order dated 06.11.2024, the parties were directed to appear before the Registrar Judicial for recording their statements in support of the compromise arrived at between them. The complainant-respondent No.2 has made a statement before the Registrar Judicial on 06.11.2024, wherein she has admitted the aforesaid position.

1 By this common order, the afore-titled two petitions filed under Section 482 of Cr. P. C seeking quashment of FIR No.56/2021 registered at Police Station, Women Cell, Jammu for offences under Section 498-A and 109 of IPC, are proposed to be disposed of.The petitioners in CRM(M) No.386/2022 happen to be the father-in-law and mother-in-law of the complainant, whereas, petitioner in CRM(M) No. 577/2023 happens to be the husband of the complainant.

2 It appears that respondent No. 2/complainant filed an application under Section 156(3) Cr.P.C. before the learned Chief Judicial Magistrate, Jammu, alleging maltreatment at the hands of her husband and his other family members (petitioners herein) over demands for dowry. The learned Magistrate endorsed the said application to the concerned Police, and on the basis of direction of the Magistrate, the impugned FIR came to be registered. 3 It seems that during pendency of the aforesaid proceedings, learned counsel for the petitioners made a statement that a compromise has been arrived at between the parties. Therefore, on the basis of the said compromise, vide order dated 06.11.2024, the parties were directed to appear before the Registrar Judicial for recording their statements in support of the compromise arrived at between them. The complainant-respondent No.2 has made a statement before the Registrar Judicial on 06.11.2024, wherein she has admitted the aforesaid position.

(08.11.2024)

01. Petitioner claiming to be owner of land measuring 3 Kanals comprising of Khasra Nos. 210 (02-00) & 216 (01-

00) situated at Phalyana, Tehsil & District Rajouri, which on requisition has been under the occupation of respondent Nos. 1 to 5 ever since the year 1961/62 and that the petitioner as owner of the land, had been receiving the settled rent for use of the land by the respondent Nos. 1 to 5, from the Collectorate.

02. Learned counsel for the petitioner submits that with the coming into effect of the Jammu & Kashmir Reorganization Act, 2019 on 31.08.2019, the State of Jammu and Kashmir was organized into two Union Territories of Jammu & Kashmir and Ladakh, and in terms of Section 95(2) of the aforesaid Act, all the laws mentioned in the 5th Schedule applicable to the existing State of Jammu & Kashmir, immediately before the appointed day were made applicable in the manner provided in the 5th Schedule; that the Requisition and Acquisition of Immovable Property Act, 1968 (State Act), was mentioned at serial no. 133 in TABLE-3 of 5th Schedule which contained the enactments which stood repealed correspondingly Requisition and Acquisition of Immovable Property Act, 1952 (Central Act) was made applicable. He further submits that the Central Act provides for a limitation of 17 years for holding the property on requisition and on expiry of 17 years from the date of occupying the property under occupation is either to be acquired in view of the law applicable or its possession is to be handed over to the owner.

08.11.2024

1. This is an application filed by the petitioner for grant of bail with effect from 07.11.2024 to 14.11.2024 so as to enable him to attend the wedding ceremonies of his niece, namely, Simerjeet Kour. The petitioner has placed on record the wedding invitation card.

2. A perusal of the record reveals that the petitioner is an accused in a criminal case, titled "U. T of J&K vs Sarita Devi and others" pending before the Court of learned Principal Sessions Judge, Samba arising out of FIR No. 224/2021 of Police Station, Samba. The said FIR was initially registered for commission of offences under section 363 IPC, however, subsequently after the investigation, charge sheet for commission of offences under sections 363-A, 370, 120 and 34 IPC was filed against the petitioner.

(12.11.2024)

01. Petitioners, Ankush Kumar and Isha Devi, claim that they, being major, have contracted marriage in accordance with Hindu rites, against the wishes of their relatives, out of their free will and are living as husband and wife, but are apprehensive to be subjected to physical violence and harassment by such relatives, therefore seeking protection and security cover from respondent No.1.

02. Heard and perused the record annexed with the writ petition.

03. When two adults consensually choose each other as life partners, it is manifestation of their choice that is recognized under Articles 19 and 21 of the Constitution. Such right has the sanction of constitutional law and once that is recognized, said right needs to be protected and it cannot succumb to conception of class honour or group thinking. Consent of family or community or clan is not necessary once two adult individuals agree to enter into wedlock and their consent has to be piously given primacy. The concept of liberty has to be weighed and tested on the touchstone of constitutional sensitivity, protection and values it stands for.