Roshan Lal Chowdhary vs State And Ors

Sanjeev Kumar, J

1 In this petition, the petitioner has, inter alia, prayed for a direction to the District Magistrate, Srinagar to protect and preserve his property i.e land falling under survey Nos.1694, 1698 & 1699 situated at Chowdhary Bagh Mouza Rainawari, Srinagar by proceeding under Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (hereinafter referred to as the 'Act of 1997'). It is claimed that the petitioner had earlier transferred the aforesaid land to one Mst. Mogli w/o Abdul Rahim Kaloo R/O Gurpora Rainawari, Srinagar by way of General Power of Attorney which Power of Attorney was later revoked by the petitioner. It is the grievance of the petitioner that some persons, namely Bashir Ahmad Wani and Abdul Rashid Wani, sons of Reshi Wani, residents of Sheikh Mohalla Dal Rainawari, Srinagar are illegally and unauthorisedly interfering with the property of the petitioner and, therefore, the District Magistrate, Srinagar must come to his rescue and preserve and protect his property which is a migrant property.

2 Heard Mr.Raina learned counsel for the petitioner and perused the material on record.

3 It seems that the petitioner without first approaching the District Magistrate, Srinagar with his grievance, has straightway come to this Court. Under the Act of 1997, an elaborate procedure is prescribed for preservation and protection of migrant property. If the petitioner is a migrant and his property which is situated in Kashmir Valley is being interfered with or encroached upon by the locals, he has remedy under the Act of 1997, therefore, he needs to approach the District Magistrate concerned with an appropriate complaint. Since the petitioner does not seem to have adopted the proper procedure, as such, this petition may not be maintainable. However, having regard to the nature of grievance projected and the relief prayed for, this petition is disposed of by providing liberty to the petitioner to approach the District Magistrate, Srinagar with a formal complaint with regard to his grievance. Needless to say that if the petitioner so approaches the District Magistrate, Srinagar, he shall proceed to preserve and protect the migrant property in accordance with the provisions of the Act of 1997.

Disposed of accordingly.