High Court directs custodian Jammu to decide on allotment rights case lingering for more than 25 years or face contempt

Coming to the rescue of a senior citizen who is fighting for his allotment rights for the past fifty one years, the Jammu Bench of Justice Rahul Bharti, Judge High Court of Jammu and Kashmir and Ladakh has directed Custodian, Evacuee Property, Jammu to pass appropriate orders upon the case remanded back to him by the Divisional Commissioner, Jammu, within a period of one month without any fail otherwise the Custodian, Evacuee Property, Jammu shall render himself guilty of contempt of Court. The case primarily relates to the allotment rights of one Om Parkash whose father, a refugee of 1947, was allotted land measuring 47 kanals 11 Marlas in Hirangar. However, after he came into possession of the land at Hirangar, he was dispossessed by the government in the year 1971 and his land measuring 23 kanals 09 marlas was re-allotted to 1971 refugees by mischief of an order which was challenged before Tehsildar Hiranagar who dismissed the application resulting in filing of a revisionby Om Parkash before Divisional Commissioner Jammu which was decided in 1997 by Divisional Commissioner, Jammu directing allotment of shortfall of land at Hiranagar or Udhampur. However, Custodian, Jammu, in 2007, dismissed the claim of Om Parkash which was once again challenged through a revision before Divisional Commissioner, Jammu who, by virtue of his order of 2013, set aside the order of Custodian, Jammu passed in 2007. Since nothing was done by Custodian, Jammu in this regard since 2013, so Om Parkash was approached the High Court in 2022 by filing a writ petition. Taking into consideration the quantum of delay so occasioned in disposing of a fifty one year claim, the High Court issued direction to the Custodian, Evacuee Property, Jammu to dispose of the case of Om Parkash within one month with a further fiat that he shall make himself liable for contempt action in case the time limit was not subscribed