Bharti Dhar And Another vs State Of J&K And Others

Pankaj Mithal, CJ

Heard learned counsel for the parties.

The petitioner has preferred this petition seeking direction upon respondent no.3 to take appropriate action against the persons who have encroached upon his proprietory land measuring 02 kanals & 10 marlas covered by survey no.382 Min (old) 468 Min (new) situate at Murind Darbagh, Harwan, Srinagar, especially against respondents 5 and 6.

The petitioiner alleges that he is originally a resident of Murind Darbagh, Harwan, Srinagar, but had to migrate to New Delhi on account of the turmoil in the Valley. His landed property, as aforesaid, has been encroached upon by some vested interests especially the private respondents 5 and 6 and they have started raising construction on the said land. The petitioner also states that he has approached 3rd respondent for appropriate action under the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, but in vain.

Learned counsel for the petitioner submits that petitioner is a registered migrant and he is the owner of the above property and, therefore, appropriate action is necessary under the aforesaid Act by respondent no.3 so that the petitioner is restored possession of the said land.

Mr. T. H. Khawja, learned counsel appearing for respondent no.5 submits that respondent no.5 is not alien to the aforesaid land. The petitioner has agreed to sell the said land to him by means of an agreement to sell and has also executed a power of attorney in his name. It is by virtue of the above that respondent no.5 came into possession of the land and that he has already filed a civil suit for specific performance, wherein the order of status-quo has been passed.

In view of the aforesaid facts and circumstances, without disturbing the order of status-quo so passed by the Civil Court, the writ petition is disposed of with the direction to the 3rd respondent to consider the case of the petitioner in accordance with the provisions of the above Act upon hearing the private respondents 5 and 6 also and to do the needful as may be prescribed therein most expeditiously.

The writ petition is, accordingly, disposed of in the aforesaid terms.