Rama Arora vs State of J&K and Ors.

Grievance projected by Rama Arora, the petitioner in this writ petition, is that District Magistrate (Deputy Commissioner) Anantnag, Kashmir,

the competent authority under The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales)

Act, 1997, has failed to protect the property of the petitioner situated in village Sransoo Shampora, Tehsil Dooru, District Anantnag, Kashmir, and

retrieve it from the unlawful occupation of Abdul Gani Bhat, the third respondent.

Petitioner submits that the third respondent had unauthorisedly occupied her land whereas only ten marlas of the land had been sold to him. She

has placed on records an order issued by District Magistrate, Anantnag, which forms annexure to this writ petition in terms whereof a direction

appears to have been issued by the District Magistrate to the Tehsildar Agrarian Reforms, Qazigund, to proceed on spot, enquire the matter and in

case encroachment was found to have taken place, to evict the illegal occupant and lodge an F.I.R. against the encroacher. Usufructs of the land

too were directed to be calculated for the period of unauthorized occupation. Headquarter Assistant to Deputy Commissioner, Anantnag, too

appears to have informed the Tehsildar vide his communication No. 622/Mig dated 09.10.2003 to implement the directions of the District

Magistrate. Nothing substantial, however, appears to have happened on spot as the unauthorized occupation of respondent No.3 continues to be

there on spot.

Respondent Nos. 3 & 4 have refused service. They are, thus, placed exparte.

Sh. A. H. Qazi, learned Addl. AG appearing for respondent Nos. 1 & 2, had nothing much to oppose the relief sought for by the petitioner in

the writ petition in view of the documents placed on records by the petitioner.

Spirit behind The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, inter

alia, is to take over the possession of immovable property belonging to the migrants and thereafter to take further steps as may be necessary for

the preservation and protection of such property, and in doing so, to evict the unauthorized occupants under Section 5 of The Jammu and Kashmir

Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. Documents placed on records by the petitioner

indicate that the District Magistrate has failed to discharge his statutory obligation under Sections 4 & 5 of The Jammu and Kashmir Migrant

Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.

A direction is, thus, called for in the facts and circumstances of the case. This petition is, accordingly, allowed and District Magistrate (Deputy

Commissioner) Anantnag, is directed to comply with the requirements of Sections 4 & 5 of The Jammu and Kashmir Migrant Immovable Property

(Preservation, Protection and Restraint on Distress Sales) Act, 1997, after hearing the parties concerned in the dispute. The District Magistrate

shall complete this exercise within a period of four months.