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2023 Supreme(J&K) 473

MOKSHA KHAJURIA KAZMI
Mohammad Yousuf Mir S/o Mohammad Ayoub Mir – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.A. Wani, Z.A. Wani.
For the Respondent: Mubeen Wani.

JUDGMENT :

MOKSHA KHAJURIA KAZMI, J.

1. In the instant petition, the person (Gh. Nabi Mir) who was declared as missing/untraceable for about 25 years is stated to be alive. The petitioner, who had accepted the ex-gratia relief of Rs. 01 lakh as also Rs. 04 lakhs as cash compensation in lieu of Government employment on the basis of the reports submitted by the competent authority, has been directed to remit the same in the office account of the respondents in terms of the impugned communication No. DCK/R/GN/257-58 dated 20.07.2015.

2. The brief facts are summarized as under:

    Ghulam Nabi Mir, a bachelor was living with his brother, i.e. petitioner in the year 1990, and he went to Kupwara market but did not return. During the said year, the District Kupwara, especially the village of the petitioner, used to be a hub of the militancy. Despite the best possible efforts, the brother of the petitioner could not be found. The concerned police was also approached for the purpose but they could not also find the missing person. The Chowkidar of the village had also informed the police agencies regarding the disappearance of the brother of the petitioner. Petitioner had also lodged a written repo

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