Jammu & Kashmir High Court - Srinagar Bench
Roshan Lal Koul And Others vs Union Territory Of J&K And Others on 7 August, 2020
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
S. No. 103
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Video Conference)
CM No. 2704/2020 in
WP(C) No. 1080/2020
CM Nos. 2705/2020,
2569/2020 & 2570/2020
Roshan Lal Koul and others .....Petitioner(s)
Through :- Mr. Mohsin S. Qadiri, Advocate
(on video call from residence at Srinagar)
V/s
Union Territory of J&K and others .....Respondent (s)
Through :-
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
(through Video Conference from residence in Jammu)
ORDER
07.08.2020 CM Nos. 2704/2020 and 2569/2020 The instant applications have been filed by the petitioners seeking extension of time for filing the affidavit, stamp and court fee etc in support of writ petition. For the reasons stated in the applications, the same are allowed.
The petitioners shall do the needful within a period of three days, when the normal functioning of the Courts begins.
Application is, accordingly, disposed of.
CM No. 2705/2020 The instant application has been filed by the petitioners for placing on record copies of documents. For the reasons stated in the application, the same is allowed.
2 WP(C) No. 1080/2020
Documents annexed with the application are taken on record. Application is, accordingly, disposed of.
WP(C) No. 1080/2020, CM No. 2570/2020 The petitioners claim to be the owners of the property comprising of land measuring 19 marlas and 232 Sq.ft. falling under survey No. 295 situated in Estate Tashwan, Tehsil, South, District, Srinagar through inheritance. The petitioners have further stated that through Attorney Holder, namely, Jitinder Lal Koul, they have entered into an agreement to sell with the petitioner No. 4. Since the property was a migrant property, therefore, an application was filed with the respondent No. 3 seeking permission to alienate the said property under the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (for short the Act). After the application was made, the same was processed and the petitioners were asked to fulfill other formalities such as valuation by concerned R&B Department, publication of alienation, assessment of the property etc. After all that was done, the Assistant Commissioner, Revenue, Srinagar made recommendation to the respondent No.3 vide communication No DCS/SQ/MLA/819/3098/MR dated 02.05.2019 for grant of permission for alienation. It is further stated that despite recommendation till date no decision has been taken by the respondent No. 3.
The petitioners have placed on record the Agreement to Sell, Power of Attorney and the communication dated 02.05.2019 (supra).
Mr. Mohsin S. Qadiri, learned counsel for the petitioners submits that as per the mandate of the Act, the only enquiry that is required to be conducted in terms of section 3 of the Act, is to ascertain whether the sale is 3 WP(C) No. 1080/2020 distress or not. He further submits that the said application has to be decided by the competent authority within 15 days from the date of submission of the application and if the said application is not decided within the period of 15 days from submission of the application then there is a deemed permission to alienate the property.
Be that as it may, it is the obligation of respondent No. 3 to dispose of the application within a period of 15 days from the date of filing of the application seeking permission to alienate of the property.
Learned counsel for the petitioners submits that the petitioners will be satisfied in case a direction is issued to respondent No. 3 to dispose of their application within the period of 15 days from today.
In view of the fact that the Assistant Commissioner Revenue has made recommendation to the respondent No.3 regarding the grant of permission to alienate the land in favour of the petitioners mentioned above, this writ petition is disposed of at this stage only by directing the respondent No. 3 to take a decision on the application filed by the petitioners seeking permission for alienation of the property detailed above regarding which recommendation stands already made by the Assistant Commissioner Revenue on 02.05.2019 within a period of 15 days from the date the petitioners furnish a copy of this order to the respondent No. 3.
Disposed of.
(RAJNESH OSWAL) JUDGE JAMMU 07.08.2020 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No