ABDUL RASHID SOFI Vs. STATE

JUDGEMENT

(1.) Following reliefs are sought in this writ petition :

(2.) The Civil Court, (Sub Judge Bandipora), has passed the judgement and decree in favour of the petitioners in respect of land, which is subject matter of this writ petition. The decree has been passed on 20th December, 2012. The Suit of the plaintiffs has been decreed and defendants have been directed to pay compensation to the plaintiff s at the prevalent market rate for the land falling under Survey NOs. 349, 350, 351 and 336 measuring 01 kanal and 7 marlas situated at main market Bandipora.

(3.) Learned counsel for the petitioners submitted that this writ petition is filed for the reason that the respondents are not depositing the decrital amount and the Collector Land Acquisition has sent a communication to the Director, Urban Local Bodies, Kashmir, Srinagar on 02-05-2014 asking him either to contest the case or to deposit the compensation amount of the land as per prevalent market rates in the Office of the Collector for its disbursement amongst the concerned land owners. Learned counsel submitted that the Collector ought not have asked the said Director to contest the case when the decree has already been passed. Learned counsel further submitted that the Collector, instead of determining the prevalent market rate of the land in terms of section 23 of the State Land Acquisition Act and passing of Award, has written the communication.