In WP(C) No. 2864/2021 CM No. 9612/2021 CAV No. 2392/2021 titled Ram Paul Sharma Vs UT of J&K and others after hearing both sides HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE ORDERED as:-
The petitioner has filed the present writ petition whereby he seeks quashment of Order No. 338 JKHB of 2021 dated 15.12.2021 whereby the respondent No. 2 has asked the respondent No.4 to initiate recovery proceedings to the tune of Rs. 26.8924 Crores (excluding Rs.70.76 Lacs) under Section 41 of the Jammu and Kashmir Housing Board Act and the recovered amount shall be utilized for recouping of Rs. 21.76 Crores, the Board funds spent unauthorizedly by the petitioner and the other persons mentioned in the order and to release the balance amount to the petitioner in terms of the directions of the High Court.
The grounds pleaded amongst others in the petition are that the same has been issued not in consonance with the directions passed by the courts earlier and further Section 41 of the Jammu and Kashmir Housing Board Act does not provide for the action as contemplated in the impugned order. Sr. No. 18 2 WP(C) No. 2864/2021
Issue notice to the respondents in the main petition as well as in the interim application. Mr. S.S.Nanda, Sr. AAG appears and accepts notice on behalf of caveators/respondents.
The caveat shall stand discharged.
Mr. S.S.Nanda, Sr. AAG seeks time to file objections to the main petition as well as to the interim application.
Mr. P.N.Raina, learned Senior Counsel appearing for the petitioner has reiterated the submissions made in the petition during the course of arguments and prays for interim relief. Mr. S.S.Nanda, learned Sr. AAG has opposed the grant of relief to the petitioner.
Keeping in view the submissions raised in the petition, the court is of the view that the case is made out for grant of interim relief to the petitioner.
Accordingly, the order impugned is stayed till next date of hearing before the Bench. The respondents are at liberty to file objections by the next date.
List on 17.02.2022.