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2017 DIGILAW 577 (JK)

Sant Ram v. State

2017-08-08

B.S.WALIA

body2017
JUDGMENT : 1. Grievance of the petitioners is that the order of learned Assistant Commissioner (Revenue), Udhampur dated 15.12.2016 is without jurisdiction as the said officer did not have the power/authority to interfere both under the provisions of Land Revenue Act as well as J&K Religious Endowments Act, 1977. 2. Learned counsel contends that the petitioners submitted representation before the official respondents with the request that the order of the Court be implemented by adhering to the provisions of Sections 2 & 3 of the J&K Religious Endowments Act, 1977 but no action has been taken in respect thereto so far. 3. Learned counsel for the petitioners would be satisfied if the writ petition is disposed of by directing respondent No. 4 to consider and decide the representation (Annexure P-8) dated 29.06.2017 in accordance with law and take such action in respect thereto as may be warranted under law. 4. Notice of motion to respondent No. 4 only. Mr. Ehsan Mirza, learned Dy. A.G. accepts notice on behalf of respondent No. 4 and states that he has no objection to the limited prayer of the petitioners subject to the condition that respondent No. 4 be directed to provide an opportunity of hearing to all concerned including the non-official respondents and only thereafter, respondent No. 4 should take a decision in respect of representation (Annexure P-8) dated 29.06.2017 in accordance with the law. The same satisfies the learned counsel for the petitioners. 5. Statement of learned counsel for the parties is taken on record. With their consent, writ petition is taken on board and is disposed of by directing respondent No. 4 to consider the representation (Annexure P-8) dated 29.06.2017 in accordance with the law after giving an opportunity of hearing to all concerned including the non-official respondents and to decide the same thereafter. 6. With the aforementioned directions, writ petition alongwith MP is disposed of.