DHARINDRA Vs. STATE

JUDGEMENT

(1.) The petitioners are the legal heirs of the original lessee namely, Raibahadur Deewan Badri Nath. The then ruler of the State of J & K (Maharaja Partap Singh) under Ailan No. 10 dated 7th Bhadoon, 1976 (Bikremi) granted lease hold rights in his favour in respect of the land specified below. The grant was communicated vide Chief Minister's letter No. 11582 dated: 18.3.1909. The lease was governed by the rules framed under the said Ailan and are called "Rules for Grant of Lands in J & K for Building Purposes." (hereinafter referred as the Rules). After the death of the lessee, the lease hold rights were granted in favour of his wife Smt. Vidyawati. On her death, the lease in her favour determined on 13.4.1968 and Mst. Susheela Devi her daughter stepped into her shoes. The lease was extended in her favour. The petitioners are the legal heirs of Smt. Susheela Devi and vide Govt. Order No. Rev. /NDK) 32 of 1974 dated: 27.1.1974, they were granted lease hold rights. The grant was for a period of twenty years which expired on April 12, 1988. Before the expiry of the lease, the petitioners had applied under the provisions of the Lands Grants Act 1960 before the Dy. Commissioner, Srinagar for its extension. The subject matter of the lease is Nazool land measuring twenty one kanals, thirteen marlas and 86 Sft. situated in Estate Kothi Bagh Tehsil Khas (Srinagar) which comprises of 4 Kanals 10 Marias & 112 Sft. from survey No. 406: 14 marlas & 34 Sft. from survey No. 403 Min; 3 Marias 12 Sft from survey No. 7 Min; 14 Kanals and 15 Marias from survey No. 9 Min; 1 Kanal and 1 Maria from survey No. 10/1 Min.

(2.) The petitioners through the medium of this writ petition have prayed for the grant of relief in the nature of writ of mandamus commanding the respondents to extend the lease period in accordance with the provisions of the Land Grants Act of 1960 (hereinafter referred to as the Act) and prohibit them from interfering with their possession in respect of above said land including the buildings/structures constructed thereon.

(3.) The petitioners had made the application for the extension of lease before Deputy Commissioner, Srinagar who forwarded the same for examination to the Assistant Commissioner Nazool, Srinagar. The latter reported in favour of extension in the period of lease for a further period of 20 years from the expiry date of the lease. Upon this reports, the Dy. Commissioner vide his letter No. 391/NB dated: 9.1.1992 recommended the extension in the lease period and submitted the application to the Divisional Commissioner, Srinagar. The Divisional Commisiqner, Srinagar vide his letter No. Div-Com/87/812-13 dated : 17.1.1992 requested respondent No. 1 for the extension of lease hold rights in favour of the petitioners in equal shares for a further period of 20 years on usual terms and conditions and enhanced ground rent as recommended by the Dy. Commissioner, Srinagar (Annexure-F).