Abdul Qayoom v. Ut of J and K Th Commissioner Secretary, Public Works (R and B) Department, Jammu and Others

ORDER (29.10.2025)

¶01The petitioner – Abdul Qayoom, through the medium of this writ petition, is seeking a writ of mandamus to be issued to the respondents for directing release of the purported outstanding amount of compensation in respect of the structure of the petitioner constructed by him upon the land under khasra No. 263, with interest @ 12% per annum from 19.02.2011 till the date of actual payment with a further direction for release of structural compensation of Rs. 7,06,157/- as admitted payable in terms of letter dated 04.01.2013 with interest @ 12% per annum from

04.01.2013 till the date of actual payment.

¶02Before this Court comes to accord dismissal in lumine to this writ petition, few essential facts needs to be set out. Serial No. 113 Supplementary List-1

¶03By virtue of a land acquisition award passed in February, 2011, the petitioner is said to have received payment of compensation of Rs. 5,83,625/-. Said compensation was relatable to his land measuring 5.8 kanals in khasra No. 263 of village Gundi, Ramban upon being acquired for Rehabilitation of Displaced Families.

¶04After having accepted said compensation, the petitioner, later on, in January, 2013, is said to have made a further claim for assessment of compensation related to the house structure, which as per the District Superintendent Engineer, PWD (R&B) Circle Doda, in terms of his communication No. DSED/R&B/DB/10140-41 dated 04.01.2013 addressed to the Collector Land Acquisition (Additional Deputy Commissioner), Ramban, was for Rs. 5,14,000/- on the basis of the cost assessment of the structure by the Executive Engineer concerned.

¶05Even if the aforesaid communication of the District Superintendent Engineer, PWD (R&B) Circle Doda is to be taken to be a genuine one with a genuine subject matter relatable to the petitioner's claim, still from 2013 onwards, the petitioner did not act further to reinforce his said claim but only when in September, 2023, a communication No. SDM/G/801-02 dated 22.09.2023 came to be managed from the Sub-Divisional Magistrate (SDM), Gool to the Deputy Commissioner, Ramban, thereby seeking an

amount of Rs. 7,06,157/- for enabling its payment by reference to the petitioner, the petitioner came with the present writ petition.

¶06In this communication dated 22.09.2023, which is annexed with the present writ petition, there is no recital as to wherefrom the Sub-Divisional Magistrate (SDM), Gool came confronted with a situation to address said communication from his end to the Deputy Commissioner, Ramban in the sense as to whether the petitioner had made any such application before the Sub-Divisional Magistrate (SDM), Gool or there was a direction from the Higher Authorities concerned to take the pending claim of the petitioner to its logical end by reference to the communication of the District Superintendent Engineer, PWD (R&B) Circle Doda.

¶07Thus, there is no doubt to the fact that the Sub-Divisional Magistrate (SDM), Gool of the time generated the communication without any basis from the record at his office end and thus exercised his authority in a mala fide manner to generate proof in favour of the petitioner for enabling him to come up with the writ petition in October, 2025, almost after a period of two years, to lay claim that payment of Rs. 7,06,157/- is due and payable in his favour.

¶08The writ petition is held to be frivolous and misconceived and is, accordingly, dismissed with a direction to the Deputy Commissioner, Ramban to set up an enquiry against the Sub-Divisional Magistrate (SDM), Gool of the time, who addressed

communication No. SDM/G/801-02 dated 22.09.2023 for the purpose of enabling its use by the petitioner in the matter of filing the writ petition so as to show the genuineness of his claim.

¶09The enquiry is to be completed by the Deputy Commissioner, Ramban and enquiry report to be submitted to the Registrar Judicial, Jammu by or before 31st March, 2026.

¶10Upon filing of the requisite enquiry report by the Deputy Commissioner, Ramban, the said report to be placed on record of the present file.

¶11A copy of this order be forwarded to the Deputy Commissioner, Ramban by the Registrar Judicial, Jammu for the sake of notice and compliance.

¶12Dismissed.

(RAHUL BHARTI) JUDGE JAMMU

29.10.2025

Bunty

Whether the order is speaking ? :

Whether the order is reportable ? :

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Abdul Qayoom …..Petitioner Through: Mr. M. K. Sharma, Advocate Vs UT of J&K and others .….Respondents Through: CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE