Jammu & Kashmir High Court
Mohd. Shabir vs State Of J&K; And Ors. on 13 August, 2018
Author: Sanjay Kumar Gupta
Bench: Sanjay Kumar Gupta
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
OWP No. 1519/2018, IA No. 01/2018
Date of order:-13.08.2018
Mohd. Shabir Vs. State of J&K and ors.
Coram:
Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge
Appearing counsel:
For the Petitioner(s) : Mr. Ajaz Chowdhary, Advocate.
For the Respondents(s) : Mr. S.S. Nanda, Sr. AAG.
i/ Whether to be reported in : Yes/No
Press/Media
ii/ Whether to be reported in : Yes/No
Digest/Journal
1. Through the medium of instant writ petition, petitioner seeks the following reliefs:-
"MANDAMUS:-
(i) Commanding the respondents to allot the land measuring 06 Marlas falling under Khasra No. 67 min in favour of petitioner No. 1, land measuring 4 ½ Marlas under Khasra No. 67 min in favour of petitioner No. 2, land measuring 4 ½ Marlas under Khasra No. 67 min in favour of petitioner No. 3, situated at village Thudi, Tehsil and District, Rajouri, land measuring 04 Marlas under Khasra No. 67 min in favour of petitioner No. 4 and the land measuring 04 Marlas under Khasra No. 67 min in favour of petitioner No. 05 situated at Village Ladote Tehsil and District, Rajouri in the name of the petitioners as per the provision of the J&K State Lands (Vesting of Ownership to the Occupants) Act, 2004.
(ii) Commanding the respondents not to dispossess the petitioners from the land measuring 06 Marlas falling under Khasra No. 67 min in possession of petitioner No. 1, land measuring 4 ½ Marlas under Khasra No. 67 min in possession of petitioner No. 02, land measuring 4 ½ Marlas under Khasra No. 67 min in possession of petitioner No. 3, situated at Village Thudi, Tehsil and District Rajouri, land measuring 04 Marlas under Khasra No. 67 min in possession of petitioner No. 4 and land measuring 04 Marlas under Khasra No. 67 min in possession of petitioner No. 5 situated at Village Ladote, Tehsil and District, Rajouri till the final outcome of the above titled writ petition."OWP No. 1519/2018 c/w IA No. 01/2018 Page 1 of 4
2. The grievance projected by the petitioners in the instant writ petition is that originally the land mentioned above (in the prayer clause) belongs to one-Zulfkar Ali S/o Mohd. Ismail R/O Village Thudi, Tehsil and District, Rajouri and thereafter, in the year 2008, the same came under the possession and occupation of the petitioners and in this regard, the revenue entry was also made in favour of the petitioners by the concerned Revenue Department, which categorically shows the name of the petitioners in the revenue record and the same is in active possession of the petitioners till date. The petitioners also constructed their respective residential houses where they are presently putting up along with their families and they have also taken the loan from different banks for raising construction over the said land. In the year 2000, as the petitioners have migrated from the hilly areas due to rise in militancy and have somehow managed the above mentioned land for their residence. The petitioners have no other alternative land in their possession except the only land, where the petitioners have constructed their residential houses for residential purpose so as to give the family members a roof to live in.
3. It is stated in the instant writ petition that in the year 2010, the State Legislature has passed a legislation, i.e., J&K State Lands (Vesting of Ownership to the Occupants) Act, 2010 (hereinafter referred to as the Act), whereby it is settled that any person, who is the resident of State of Jammu and Kashmir and is in possession and occupation of the State land has a right to be given the ownership right, subject to the condition that the person has to pay the requisite amount, as settled by the Committee headed by the Deputy Commissioner of the concerned District. The petitioners being eligible in all respects, applied before the respondent No. 2 , i.e., Deputy Commissioner, Rajouri for allotment of the aforesaid land in favour of the petitioners as per the provisions of the aforesaid Act. The petitioners were ready to pay the requisite amount to be assessed by OWP No. 1519/2018 c/w IA No. 01/2018 Page 2 of 4 the Committee headed by the respondent No. 2. Despite the request made by the petitioners for allotment of the aforesaid land in their favour under the provisions of the aforesaid Act and the fact that the petitioners were ready to deposit the amount, which was required to be fixed by the Committee headed by the respondent No. 2, the respondents have slept over the matter for the resons best known to them and have not allotted the land in their favour, thereby causing prejudice to their rights.
4. It is further stated in the instant writ petition that instead of allotting the land in favour of the petitioners, the petitioners were served notice, whereby they were asked to appear before the respondent No. 3, i.e., Assistant Commissioner, Revenue, Rajouri for conducting some enquiry with regard to Khasra No. 67. The respondents wanted to dispossess the petitioners from the above mentioned land forcibly and without any lawful justification, thus, the petitioners had no other remedy left except to invoke the extraordinary powers of this Court. The case of the petitioners is that in a similar writ petition bearing OWP No. 1593/2017, this Court after considering the facts and circumstances of the case, has passed the order on 05th October, 2017, whereby respondents have been directed not to dispossess the petitioners from the land in their possession otherwise than in due course of law. In view of the aforesaid factual backdrop, the petitioners have approached this Court by way of instant writ petition.
5. During the course of arguments, learned counsel for the petitioners submitted that the petitioners would feel satisfied, if the instant writ petition is disposed of by directing the respondents not to dispossess the petitioners from the land in question without following the due process of law.
6. On the contrary, Mr. S.S. Nanda, learned Sr. AAG, appearing on behalf of the respondents submits that the petitioners will not be dispossessed OWP No. 1519/2018 c/w IA No. 01/2018 Page 3 of 4 from the land in question, if they are in legal possession of the same without following due process of law. His submission is taken on record.
7. In view of the aforesaid submissions made by the learned counsel for the parties and in view of the facts of the case, the instant writ petition is disposed of with a direction to the respondent Nos. 2 and 3 that in case, the petitioners are legally owners and in possession of the land in question, they shall not be dispossessed and without following due process of law.
8. With the aforesaid observations, the writ petition is disposed of along with connected MP(s).
(Sanjay Kumar Gupta) Judge Jammu 13.08. 2018 Ram Krishan OWP No. 1519/2018 c/w IA No. 01/2018 Page 4 of 4