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2025 Supreme(Online)(J&K) 752
HIGH COURT OF JAMMU AND KASHMIR
Rahul Bharti, J
Peer Ghulam Nabi – Appellant
Versus
UT of JK – Respondent
WP(C) No. 2488/2023 CM No. 5893/2023 CM No. 7622/2024
For the Appellants/Petitioners: Mr. J.H.Reshi
For the Respondents: Ms. Nadiya Abdullah
The court addressed pending reference cases under land acquisition law affecting the petitioner’s land rights.
Headnote:The petitioner has approached the court under the Jammu and Kashmir Land Acquisition Act Svt. 1990, concerning pending reference cases before the Principal District Judge, Anantnag, impacting the petitioner's land. The court noted the petitioner seeks similar relief as given in prior judgments regarding reference proceedings. The court scheduled the next hearing for 18th August, 2025.
O R D E R
11.08.2025
01. In terms of an order dated 6th August, 2025, this court called upon Mr. J.H. Reshi, learned counsel for the petitioner to share the details of pending reference cases before the Principal District Judge, Anantnag. relatable to the award in reference in the present writ petition.
02. In response, Mr. J. H. Reshi, learned counsel for the petitioner has come forward with reference of two cases i.e. Reference No. 7 of 2013 titled Mohd Sultan Khan and Ors. vs. Collector Land Acquisition and Reference No. 3 of 2014 titled Abdul Rahim wani vs. Collector Land Acquisition pending before the Principal District Judge, Anantnag. Mr. Reshi learned counsel submits that the petitioner’s land is also forming subject matter of the acquisition in terms of same very award which caught the petitioner unaware about its passing and that is the reason petitioner came forward with the institution of the present writ petition following footsteps of the land owners who had come forward with the writ petition bearing OWP No. 1182/2011 along with other connected matters which resulted in a direction for facilitating generation of reference proceedings now pending under Section 18 of the Jammu and Kashmir Land Acquisition Act Svt. 1990.
03. In the present case, the petitioner also intends to join the line of the land owners whose reference proceedings are pending and in this respect seeks disposal of the present writ petition on the parity of legal reasoning which weighed with this court in judgment dated 29th January, 2014 in disposing of OWP No.
1182/2011 along with connected matters.
04. Mr. J.H.Reshi, learned Advocate has produced copies of two orders of the learned Principal District Judge, Anantnag to confirm the fact of pendency of the reference proceedings which are taken on record.
05. List for consideration of disposal of the writ petition in the light of aforesaid on 18th August, 2025.
