VINAY RAMPAL Vs. STATE OF J&K

JUDGEMENT

(1.) . With the consent of learned counsel for the parties, the matter is taken up for final disposal.

(2.) In this Intra Court Appeal the appellant has assailed the validity of order dated 27th December, 2012, by which the petition preferred by the appellant was dismissed on the ground that the same raises disputed question of facts, which cannot be adjudicated in a writ petition.

(3.) The facts giving rise to the filing of this appeal briefly stated are that appellant was allotted a plot admeasuring 30' x 55" bearing No. 417/7 in Channi Himmat, Housing Colony, Jammu by the J &K Housing Board. A Lease Deed with regard to the said land was executed on 20th February, 1993. Since the adjoining strip measuring 8' x 55" belonging to the Housing Board was lying vacant, the appellant submitted an application for allotment of the said strip of land. However, vide communication dated 15th September, 1993 the Executing Engineer, J &K Housing Board, Jammu recommended for allotment of strip in favour of the appellant at a revised rates as the aforesaid strip is of no use to the Board. Thereafter, Lease Deed with regard to the said strip of land was duly executed in favour of the appellant on 16th November, 1994 on payment of consideration amount of Rs. 968/-. However, despite execution of Lease Deed, possession of the aforesaid land was not delivered to the appellant. Thereupon, the appellant filed writ petition, namely, OWP No. 794/2007. The respondents filed preliminary objections in the said writ petition, in which a stand was taken by the respondents that inadvertently, the allotment was made in favour of the appellant and Lease Deed was executed. It was also averred that since the strip of the land forms part of the road and, therefore, the same could not have been allotted.