WALI MOHD GIRI Vs. STATE AND ORS

JUDGEMENT

(1.) The petition is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally.

(2.) In this petition, the petitioner inter alia has prayed for the following reliefs:

(3.) Facts giving rise to the filing of this writ petition briefly stated are that the petitioner is the owner in possession of Shamlat-deh land measuring 10 kanals falling under Khasra No.3761/3 situated at Village Pochhal Tehsil and District Kishtwar. The petitioner on account of acquisition of his land admeasuring 4 kanals and 18 marlas received a compensation on 112.2014. However a complaint was made by some persons on 18.02.2014. Thereupon, the respondent No.3, Collector Land Acquisition constituted a Commission of Revenue Officers and it is the case of the petitioner that the Commission so constituted found the claim of the petitioner to be bona fide and genuine and recommended the case of the petitioner for release of the compensation. Accordingly, the amount of compensation was paid to the petitioner. However, the respondent No.3 without affording any opportunity to the petitioner has issued the impugned recovery notice dated 29.12.2017 by which the petitioner has been asked to refund the entire amount. In the aforesaid factual background, the petitioner has visited this court.