GIRDARI LAL Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner staked claim for being paid compensation in respect of land measuring 2 Kanals covered under Khasra No. 301/248 situated at Village Omalla, Tehsil and District Udhampur. The land was acquired for public purpose. The petitioner approached the Collector and sought Reference in terms of Provisions of State Land Acquisition Act. Paragraph 3 and 4 of the writ petition is taken note of:

(2.) Learned counsel for the petitioner specifically referred to paragraph 3 of the aforementioned judgment which is taken note of:

(3.) The claim of the petitioner as projected in this writ petition was taken cognizance by the Collector and Reference was made to Civil court. The Civil court dismissed the Reference. The judgment of the Civil Court was not challenged by the petitioner and the order of the District Judge (Reference Court) has attained finality. The dismissal of the Reference resulted in a declaration that petitioner's claim as projected in the writ petition and Reference was not accepted. The judgment of the Reference Court having been not challenged binds the petitioner. The same claim came to be again projected in the Civil Suit which was instituted by the petitioner and which suit was dismissed on the preliminary ground that the Civil Suit was not maintainable. The Civil 2nd Appeal filed against the said judgment was dismissed as withdrawn with liberty to the petitioner to seek appropriate remedy. It is for this reason that this writ petition under Section 104 of Constitution of Jammu and Kashmir is filed wherein, the decree and judgment of the Original Court and decree and judgment passed by the 1st Appellate court are challenged. The Civil Suit in view of the fact that the order passed in Reference by Civil Court had attained finality was not maintainable. For the said reasons, this petition is not maintainable and reference made to Laxmi Chand's case is of no assistance to the petitioner, inasmuch as, the petitioner has not invoked original writ of Jurisdiction of this court but has invoked the Supervisory jurisdiction of this court.