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Judgment
4 paragraphs · 230 wordsSanjay Dhar, J
Petitioner has filed instant writ petition challenging communication No.233/CAN/LS/267 dated 17.01.2012, whereby, on account of certain observations contained in the said communication, request regarding vesting of ownership rights in respect of land measuring 3 kanals 3 marlas and 266 square feet under khasra Nos. 148, 149, 150 and 151 min, situated at Estate Kothibagh locality Residency Road Srinagar popularly known as Fair Deal Shopping Complex in favour of the petitioner, has been declined to be considered. The further prayer commanding the respondents to confer ownership rights to the petitioner in respect of aforesaid land has also been sought.
The petitioner is seeking vesting of ownership rights on the basis of the provisions contained in Jammu & Kashmir State Lands (Vesting of Ownership of Occupants) Act 2001, popularly known as the Roshni Act. The aforesaid legislation stands annulled and in fact a Division Bench of this Court in case titled Professor S.K.Bhalla v. State of J&K & Ors, PIL No.19/2011 decided on 09.10.2020, has declared the afore said legislation unconstitutional with retrospective effect. In view of this development, the reliefs prayed in this petition have become infructuous.
Be that as it may, nobody has appeared on behalf of the petitioner today. The matter was called out several times but none came forward to represent the petitioner. The petition is, therefore, dismissed for want of prosecution.