NISSAR AHMAD KEEN Vs. STATE & ORS.

JUDGEMENT

(1.) The Subject matter between the parties in both the writ petitions is same; accordingly, I deem it proper to decide both writ petitions by the common judgment-order.

(2.) With the consent of the learned counsel for the parties these petitions are taken up for final disposal.

(3.) Nissar Ahmad Keen, writ petitioner in OWP No. 327/2007 has prayed that official respondents be directed to consider the claim of the petitioner as an occupant in possession of land measuring 3500 SFT i.e. 14 marlas 18 SFT falling under survey Nos.105 Min, 110 Min and 111 Min situated at Nursing Garh (Shaheed Gunj) Srinagar for vesting of ownership rights in terms of the provisions of J&K State Lands (Vesting Of Ownership to Occupants) Act, 2001 (hereinafter for short as Act) and to command respondents not to dispossess the petitioner and not to cause any interference, on the grounds taken in the writ petition. Precisely the case of the petitioner is that he is in possession and occupant of the said land-subject matter of writ petition, which is State land, belonging to Nazool Department. The Government-Department allotted and leased out the said land in the year 1950 to Shri P.N. Koul (Talib). Petitioner came in possession of the said land in terms of the lease deed executed in his favour and registered by Sub Registrar Srinagar and continues to be in possession. Petitioner has also raised construction on the said land which still exists on spot.