become time barred.
Petitioner are further seeking quashing of Eviction Notice No.Nazool/11-
12/250-52 dated 14.06.2011 issued by Tehsildar Nazool, Jammu, respondent ... petition, are that the father of
petitioners was an authorized occupant of nazool land, measuring 4 kanals 6
OWP No.1819/2013 Page
with the record which reads as under :
"Certificate of transfer of Nazool land to the individual member
of Scheduled Caste under Rule ... Nazool Lands
(Transfer Rules), 1956.
Whereas Nazool land measuring 71 Ks-13 Marlas and
RSA No.2228 of 1995 -7 -
comprising field
that the defendants were Harijans by caste and the
suit land was Nazool land which belonged to Central Government and was
allotted to Mehnga being ... dated 26.3.1991 and vide this
notification, restrictions were imposed on transferee of Nazool land to the effect
that he cannot alienate or sell the land
Jasbir Singh
JUDGMENT
V.K. Bali, J.
1. A parcel of 'Nazool land', which as per its very definition is the one, which ... primarily been debated before us is applicability of the amended provisions of Nazool Lands (Transfer) Rules, 1956 to the allotments, that were made prior
respondent No. l vide which it was decided to transfer the Nazool land measuring 131 kanals 14 Marias, which is in cultivating possession ... basis of their long cultivating possession in accordance with the provisions of Nazool Lands (Transfer) Rules, 1956 and the Nazool Land (Transfer) Haryana Amendment Rules
Revenue Department stepped in and declared the land underneath aforesaid building as Nazool land about which as per their stand the petitioners came to know ... them against which petitioners took legal recourse.
2. With that background when Nazool Department projected its claim of ownership over the land underneath suit property
hereunder:
"Government of Jammu and Kashmir, Revenue
Department.
Sub: Transfer of Nazool lands to the Development
Authorities.
Cabinet Decision No. 39 dated 28.1.1973.
Govt ... ordere d that:
1. All vacant and lease free Nazool l ands situated in
and around the Cities of Jammu and Kashmir
(should be Srinagar
admeasuring 25 kanals 4 marlas along with other Nazool lands
in a total extent of 47 kanals 3 marlas situated in Bassi
Gujjran, Tehsil Samrala ... Patiala and East Punjab States
Union Notification dated May 28, 1956, The Nazool lands
(Transfer) Rules, 1956 (forshort, 'the Rules') for grant
strenuously urged that the petitioners being in occupation of the suit premises (nazool verandahs) as tenants of the State Government were sold out for valuable ... with the Apex Committee of the Government of Rajasthan under the Rajasthan Nazool Shop (Management & Disposal) Rules, 1971 (amended by Government notification
primarily been debated before us is applicability of the
amended provisions of Nazool Lands (Transfer) Rules,
1956 to the allotments, that were made prior ... Attu Ram by the Collector,
Ferozepur, on 24.12.1968, stating that allotment of
Nazool Land made to him was not in accordance with
