Jeeto Devi vs Union Territory Of J&K And Others

Vinod Chatterji Koul, J

CM No. 3685/2020

Present application has been filed by the applicant/petitioner for extension of time to deposit the court fee for filing the writ petition.

For the reasons stated in the application, the same is allowed and time is granted to the applicant to deposit the court fee within three days upon removal of the lockdown.

CM stands disposed of.

WP(C) No. 1226/2020, CM No. 3684/2020

Issue notice to the respondents in the main petition as well as in the CM. Mr. S. S. Nanda, Sr. AAG accepts notice on behalf of the respondents.

The petitioner is aggrieved of the inaction on the part of respondent No. 4-Tehsildar, Marh in not complying with the order dated 16.10.2019 of respondent No.3-Additional Deputy Commissioner (Rev), Ist Appellate Authority under Public Service Guarantee Act 2011, Jammu (for short „PSGA‟). The aforesaid order reads as under:

"Whereas, an application was filed by Smt. Jeeto Dvi D/o Sansaro R/o Channi Mawalian Tehsil Marh District Jammu for attestation of Mutation under PSGA 2011 before Additional Deputy Commissioner Adm Jammu, for seeking service as per PSGA. The same was forwarded to Designated Service provider as per Act.

The Designated Service Provider instead of providing the service undernorms submitted a report to Deputy Commissioner Jammu vide no. Teh/Marh 2019-20/PSGA/167 dated 08/7/2019.

Whereas the appellant again filed a 1st appeal before Additional Deputy Commissioner Jammu (1st appellate authorities).

Whereas, the summon was issued both the parties vide no. ADC/Adm/PGSA/2019-20/21-22 dated 27/8/2019 was asked to appear before the undersigned (1st Appellate Authority) on 12/9/2019 at 1:30PM.

Whereas, during the course of hearing Tehsildar Marh and applicant are present and Tehsildar Marh is directed to provide the service as per provisions of law laid down on the subject if genuine or otherwise within 15 days under intimation to this office.

The 1st Appeal is therefore disposed off."

Learned counsel for the petitioner submits that he would be satisfied in case a direction is issued to the respondents, in particular respondent No. 4-Tehsildar, Marh to comply with the order dated 16.10.2019 of respondent No. 3-Additional Deputy Commissioner (Rev), Ist Appellate Authority under PSG Act, Jammu, whereby respondent No.4 has been directed to provide the services as per provisions of law laid down on the subject. It is submitted by Mr. Nanda, learned Senior AAG, that this writ petition can be disposed of at this stage by giving direction to respondent No. 4 to comply with the order 16.10.2019 (supra).

In view of the above, this writ petition is disposed of with a direction to respondent No. 4-Tehsildar Marh to comply with the order dated 16.10.2019 passed by respondent No. 3 within a period of two weeks.

Disposed of.