AI Structured Summary
Not yet generated for this judgment
Judgment
Rahul Bharti, J
Heard learned counsel for the petitioners.
The petitioners’ case is that their father late Aliya alias Ali Mohd. was in the alleged settled possession of 8.5 kanals of land under khasra no. 638 min in village Bachhal, tehsil Chennai and district Udhampur and the use and occupation of the said land by their father dated back to 1962 and after the demise of their father, the said status has dawned upon them to be in alleged peaceful possession of the said land which in no manner is to suffer hit on account of judgment of the Division Bench passed with respect to lands regularized under Roshni Act - THE JAMMU AND KASHMIR STATE LANDS (VESTING OF OWNERSHIP TO THE OCCUPANTS) ACT, 2001 but the respondents are bent upon to force eviction of the petitioners from the said land by resort to the Division Bench judgment with respect to Roshni Act covered lands.
Prima facie case is made out.
Issue notice to respondents.
Mrs. Monika Kohli, learned Senior AAG accepts notice on behalf of respondents and disputes the case so setup by the petitioners.
Mrs. Kohli, learned Senior AAG to file reply/objections to the writ petition as well as to the CMP for which four weeks’ time is granted.
In the meantime, subject to objection from the other side and till next date of hearing status quo the land in reference as obtaining on spot and on record shall be maintained by both sides. List on 03.03.2023.