RAMAN SETHI Vs. STATE

JUDGEMENT

(1.) In exercise of powers under Section 6 of Land Grants Act, 1960 and Rule 7 of the Land Grant Rules, resumption of land measuring 2 kanals 15 marlas 56 sft. Under Khasra No. 62 and 63-min and 2 marlas under Khasra No. 66-min situated in Maisuma Estate Tehsil & District Srinagar, has been ordered pursuant to Govt, order impugned dated 4.4.2001. Aggrieved thereof instant petition has been filed.

(2.) Noticing of factual backdrop will be useful for proper adjudication:

(3.) Land admittedly belongs to Nazool department. Initially land covered under survey No. 62-min and 63-min measuring 2 kanals, 16 marlas and 56 sft. was granted on lease on 14.2.1935 and the land under survey No. 66-min was granted on lease for 40 years on 20.5.1914, thereafter was renewed for 20 years with effect from 23.8.1954. The period expired on 22.8.1974. The said grant was in favour of predecessor in interests of the Petitioners. On the expiry of the grant, the Petitioners in terms of Rule 7 of the Land Grants Rules had moved an application for renewal of the lease. Respondent No. 4 (Assistant Commissioner, Nazool) in his letter dated 2.8.1975 has mentioned that the leasehold rights of both the areas have expired on 14.2.1975 and 22.8.1974 respectively. The lessees have paid the ground rent till the date of expiry and now prayed for the renewal of leasehold rights vis-a-vis land which is under their possession. By the said letter clearance has been sought from the Chief Executive officer, Srinagar Development Authority. When the papers for renewal were in process, one Ranjit Singh Sahai succeeded in getting regularization or land measuring 4 marlas under survey No. 62, 63 in his favour for a period of 20 years. Same was challenged by the Petitioners by medium of writ petition (OWP) No. 378/2000, which has been decided on 27.12.2005. The Government order No. 167 of 1999 dated 24.11.1999 was alleged to be a fake order, which has been accepted to be so, therefore, while disposing of OWP No. 378/2000, various directions including action through Crime Branch, have been passed. The said Govt, order has been ignored.