KRISHAN LAL Vs. STATE

JUDGEMENT

(1.) THROUGH this writ petition filed Under Section 103 of the Constitution of Jammu and Kashmir, petitioner Krishan Lal is seeking issuance of a command directing the respondents to settle and decide the claim of petitioner No. 2 for appointment in Education Department as a Teacher or against any other suitable post, in lieu of the land measuring 4 kanals and 2 marlas, which was taken by the respondents for construction of school and ground, from the petitioner namely Krishan Lal.

(2.) THE case of the petitioner is that in the year 1989 respondents asked the petitioner No. 1 Krishan Lal to provide his ancestral land to the respondents for construction of school building and a ground at village Mangalai Tehsil Noushera, District Rajouri by holding out a promise that in lieu of the land employment would be provided to one of the members of his family in education department. Acting on the promise, petitioner No. 1 handed over the possession of the land measuring 2 kanals and 9 marlas, comprising Khasra No. 280 and measuring 1 kanal and 13 marlas comprising in Khasra No. 282, totallying 4 kanals 2 marls to the education department. Thereafter the school and ground on the land of the petitioner No. 1, came to be constructed. However, despite petitioner's approaching the respondents for giving employment to his unemployed daughter, petitioner No. 2, no appointment was offered.

(3.) IT is a fact that objections of the respondents are not accompanied by a duly attested affidavit of any officer of the respondents. The respondents have also not produced the official record of the case yet the same is being taken into consideration inspite of the counsel for the petitioner objecting to it.