Jammu & Kashmir High CourtDharmarth Trust vs State Of J&K And Others on 5 April, 2022Bench:Chief Justice,Moksha Khajuria KazmiSr. No. 1\n\n\n\n        HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                         ATJAMMU\n\nCJ Court\n\nCase: OWP No. 723 of 2007\n\nDharmarth Trust                                           .....Appellant/Petitioner(s)\n\n                                 Through :- Sh. R. S. Thakur, Sr. Advocate with\n                                            Sh. B. S. Jamwal, Advocate.\n                                            Sh. Ajay Gandotra, Advocate.\n                          v/s\n\nState of J&K and Others                                            .....Respondent(s)\n\n                                 Through :- Sh. S. S. Nanda, Sr. AAG.\n\n\nCORAM:\nHON'BLE THE CHIEF JUSTICE\nHON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE\n\n                                     ORDER05.04.202201.    One of the orders passed in this writ petition, i.e., the order dated\n\n29.12.2021 records that for the last several dates, Sh. Nanda had been\n\ninforming that a plot which is required to be allotted in favour of the petitioner\n\nhas been identified but actual allotment order could not be issued for want of\n\ncompletion of certain formalities.02.   Accordingly, we had allowed two weeks further time to get the\n\nformalities regarding allotment of the plot to be completed subject to payment\n\nof cost of ₹5000/-.03.   No doubt, the cost was deposited but the allotment procedure was not\n\ncompleted.04.   The court vide order dated 25.02.2021 on the request of Sh. Nanda again\n\ngranted him two weeks' further time to issue the allotment order and, if that is2    OWP No. 723 of 2007not done, the Financial Commissioner (Revenue) was directed to be present in\n\nperson on the next date of listing as Sh. Nanda at that time had informed that\n\nthe final allotment order was to be passed by Sh. Shaleen Kabra, Financial\n\nCommissioner, Revenue.05.   An application has been moved by Sh. Nanda supported by an affidavit\n\nof Sh. Rishpal Singh, Additional Commissioner (Central) with Financial\n\nCommissioner Revenue, Jammu and Kashmir, stating that the Financial\n\nCommissioner Revenue is not the ultimate authority to take decision regarding\n\nthe allotment and that the case of the petitioner is under process with the\n\ncompetent authority. The officer has failed to mention as to who is the\n\ncompetent authority.06.   The court is noticing that every time from the side of the State\n\nauthorities statements are being made without any sense of responsibility to the\n\neffect that such and such person is the competent authority but who is the\n\ncompetent authority is not known to the highest of the bureaucrats in the Union\n\nTerritory.07.   Sh. Nanda, upon instructions received by him, informs that after\n\napproval of the Administrative Council, formal allotment order has to be issued\n\nby the Revenue Department. Again, he is not clear as to who actually is the\n\nperson responsible for issuing the allotment order.08.   After a little thought, he states that Commissioner/ Secretary, Revenue,\n\nwould be issuing the allotment order.09.   A reading of the entire order sheet would reveal that the process of\n\nallotment had been completed and it was only some formalities which were to\n\nbe complied with. Therefore, at this stage, the delay in issuance of the3      OWP No. 723 of 2007allotment order is not understandable, particularly when the petitioner is not at\n\nfault.10.      In order to clarify the position as to who is the competent authority to do\n\nthe needful, we require the presence of Financial Commissioner (Revenue),\n\nCommissioner/ Secretary to Government, Revenue Department, and the Sh.\n\nRishpal Singh, Additional Commissioner (Central) with the Financial\n\nCommissioner (Revenue) before the court on the next date of listing and, in\n\nthe meantime, allotment process is expected to be completed and the allotment\n\norder be issued.11.      List on 27th April 2022.(MOKSHA KHAJURIA KAZMI)                        (PANKAJ MITHAL)\n                              JUDGE                          CHIEF JUSTICE\nJAMMU\n05.04.2022\nSunita.