BEFORE THE HON’BLE CENTRAL ADMINISTRATIVE

TRIBUNAL, JAMMU.
O.A. No. /935/2023
M.A./711/2023
Mohd Imran V/S U.T of J&K & Ors
Petitioner Respondents
IN THE MATTER OF: -
Reply on behalf of newly added respondent No. 07.

MAY IT PLEASE YOUR HONOUR:-

The answering respondent No. 07 most respectfully
submits as under:-

1. That answering respondent has been arrayed as party

respondent by order dated- 07-08-2023 passed in MA

(Miscellaneous application) No. 711 of 2023. After having

gone through the copy of OA and the records annexed

therewith, answering respondent submits that during his

posting as Tehsildar Balakote, he has issued EWS

(economically weaker section) certificate in favour of

petitioner bearing No. Teh/B/02 dated- 09-03-2022 after

completing the requisite formalities and after fully

satisfying that petitioner comply the requisite condition

for grant of the said certificate. As per the criteria

formulated by the govt, the candidate should not own or

possess 5 acres of agriculture land and above,

residential flat of 1000 sq feet and above, residential plot

of 100 square yards and above in notified municipalities,

residential plot of 200 sq yards and above in areas other

than the notified municipalities. The annual income of the

candidates or the person on whom he or she is

dependent should be below rupees 8 lakhs per annum

and such candidate should not belong to recognised

schedule tribes and other backward classes (central list).

It is further submitted that answering respondent further

verified and admitted the factum of issuance of the said

certificate by recording his endorsement on 21-04-2023

as is clear from the certificate annexed with the original

application. At the cost of repetition it is submitted that

during his tenure as Tehsildar Balakote, the answering

respondent issued only two certificates certifying the

candidates belonging to economically weaker sections

including the present petitioner. The said certificate is

 genuine and does not suffer from any legal deficiency.

As far as maintenance of records is concerned, the

answering respondent submits that every certificate was

issued after compilation of the necessary record/files and

same was duly recorded in the office record as well. The

maintenance of record is the primary job of the dealing

Assistant/Record keeper of tehsil office who are

expected to maintain and preserve the office record. With

the transfer of answering respondent to the present place

of posting, it cannot be said that the concerned dealing

assistant has carefully maintained the record as the

answering respondent has no control over the office of

Tehsildar Balakote with his transfer. In view of the

position explained, the Honble tribunal may pass

appropriate order as is deemed just and expedient in the

facts and circumstances of the case.

2. That the answering respondent has been unnecessarily

joined in this petition in as much as he has verified the

issuance of EWS certificate by recording his

 endorsement on the certificate even after his transfer to

instil an element of confidence in the mind of Tehsildar

Balakote that the said certificate is genuine. Despite the

said clarification, why the verification is not being issued

is a matter where answering respondent cannot make

any comment as it needs to be explained by the present

incumbent of the office of Tehsildar Balakote.

3. That the averments made in the application which do not

pertain to answering respondent needs no reply.

An affidavit in support is enclosed herewith.

IN THE PREMISES-

It is therefore most humbly prayed to accept this reply and

consider deleting the answering respondent No. 07 from the

array of this petition so that answering respondent is not

unnecessarily dragged in the present litigation

RESPONDENT NO 07
THROUGH COUNSEL

H.A SIDDIQUI
ADVOCATE
HIGH COURT OF J AND K & LADAKH
AT JAMMU
 BEFORE THE HON’BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, JAMMU.
O.A. No. /935/2023
M.A./711/2023
Mohd Imran V/S U.T of J&K & Ors
Petitioner Respondents
IN THE MATTER OF: -
AFFIDAVIT.

I _________________ S/O __________________ R/o _________

Age ___ years do hereby solemnly affirm and declare as under -

1. That the accompanying reply has been read over and explained

to me and the contents of the para No.____ to ____ of the reply

are true and correct as per my knowledge and those of para

No.____ are true as per information received from record and

those of remaining paras ____ to ____ are bases on legal

advice.

2. The deponent is the respondent no in the above titled petition, he

is well versed with the facts and circumstances of the case,

hence he is competent to swear the instant affidavit.

I solemnly swear/affirm that the affidavit is true, no part of this is

false and nothing has been concealed.

Place: Jammu
Dated:

DEPONENT
 BEFORE THE HON’BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, JAMMU.
O.A. No. /935/2023
M.A./711/2023
Mohd Imran V/S U.T of J&K & Ors
Petitioner Respondents

IN THE MATTER OF: -

INDEX

S No. Particulars Page No.

1. Reply along with Affidavit.
2. Vakalatnama

Filed by:-

RESPONDNENT NO. 07
THROUGH COUNSEL
Dated:
H.A.Siddiqui
Advocate
 VAKALATNAMA
_____________________V/s_________________________
Know all to whom these presents, shall come
that__________________________________________________
___________________________________________________,
hereby constitute, appoint, engage and nominate,

H.A.SIDDIQUI ADVOCATE
&
ASSOCIATE ADVOCATES
to be my/our Advocate in the above noted cause and authorize him.
To act, appear and plead in above-noted cause. In the court or in any other court
in which the same may be tried or heard and also in the appellate courts. To
sign, file and present pleadings, appeals, cross objection" applications or
petitions of execution, review, revision, restoration, withdrawal, compromise or
other petitions, replies, objections, affidavits or other documents as may be
deemed necessary or proper by him for the prosecution of the said case in all its
stages.
To file and take back documents and to withdraw or compromise the said
cause or submit to arbitration any differences or disputes that may arise
touching or in any manner relating to the said cause and to take out execution
proceeding and to deposit, draw and receive, money and grant receipts thereof,
and do all other acts and things which may be necessary to be done for the
progress and in the course of the prosecution of the said cause and to appoint
and instruct any other Legal Practitioner authorizing him to exercise the powers
and authorities hereby conferred upon the Advocate whenever he may think fit to
do so.
And I/We undertake that I/We or my/our duly authorized agent shall
appear in the Court on all hearings. And I/We the undersigned do hereby agree
that in the event of the above cause taken up on tour I/We shall pay extra fees.
And I/We undersigned do hereby agree not to hold the Advocate or his substitute
responsible for the said cause in consequence of his absence from the Court; for
whatsoever reason, when the said cause is called up for hearing or for any
negligence of the said Advocate or his substitute. 1 undertake, to remain present
in Court on every date of the case.
And l/We undersigned, do hereby agree that in the event of the whole or
any part of the fee agreed by me/us to be paid to the Advocate pertaining unpaid
he shall be entitled to withdraw from the prosecution of the said cause without
notice. If any costs are allowed for an adjournment, the Advocate would be
entitled the same.
And l/we undersigned do hereby agree to ratify and confirm all such acts, as if
done by
me/us for all intents and purpose. I/We do hereby set my/our hand/s to the
presents
the contents of which have been understood by me/Us, today ___ of
2023.

H.A.SIDDIQUI
ADVOCATE

SHAMAS-UD-DIN SHAAZ
ADVOCATE
Licence No. JK-345/2015

Client(s)