NAWAB MANZOOR HUSSAIN Vs. STATE

JUDGEMENT

(1.) One Thakur S. Baldev Singh Samyal came in possession of the land referred in pleadings of parties at Rajbagh, Srinagar on allotment, on lease hold basis way back in June, 1937 for a period of 40 years. The said lessor S. Baldev Singh died in 1982 leaving behind his heirs. Residential house of S. Baldev Singh is on portion of this land. The ground floor of the house is with Gulmarg Winter Sports Project on rent. Despite the lease not being renewed and as per petitioner original lessor or his heirs not having applied for the same, it continues to be held over by succession-in-interest of S.Baldev Singh. Petitioner claims that he entered into an agreement with legal heir of said S. Baldev Singh for sale of the property in question and it was on this footing that the petitioner was allowed to occupy first floor of the residential building though this factual para 5 of the writ petition is refuted by respondents in reply. It is however, stated that Jagdev Singh the lone surviving legal heir of S. Baldev Singh, gave a power of attorney to petitioner for the purposes specified there and authorised petitioner to live in the first floor of building. However, Jagdeep Singh died thereafter. As the original lessor S. Baldev Singh is not succeeded by any heir or person in-interest, petitioner laid claim to allotment of the land on charge of premium and ground rent, he applied thereto. Again the plea that the original lessor S. Baldev Singh left no heir behind is refuted by respondents and respondent No.6 in his counter has specifically and in unequivocal terms contended that original lesee S. Baldev Singh was succeeded by his only son Sukhdev Singh and widow respondent No.6. Sukhdev Singh had two sons Jagdeep Singh and Randeep Singh, grand children of respondent No.6, both of whom died in a vehicular accident in 1991. The original lessor as also thereafter his heirs including respondent No.6 have applied for renewal of the lease. Petitioner is in fact a clerk (UDC) in the Gulmarg Winter Sports Project occupier of ground floor of the building and he is taking advantage of this employment to press his case for allotment of the premises. The premission given to him to live in portion of the house by said deceased Jagdeep Singh has come to an end with Jagdeep Singh's death, in as much as an attorney holder he cannot claim any authority after the death of the principal.

(2.) Petitioner's case/ presentation for allotment was recommended for 2 Kanals 14 Marlas and 102 Sft. by Assistant Commissioner Nazool (respondent No.4) vide Annexure-B. However, the matter was sent back by Dy.Commissioner, Srinagar Respondent No.3 to Nazool Department. Tehsildar Nazool respondent No.5 again recommended allotment to petitioner on 20-5-1998 (Annexure-D) which was forwarded to Dy. Commissioner respondent No.3. Respondent No.3 allegedly failed to take action and process the matter, therefore, petitioner filed OWP No. 557/98 titled Nawab Manzoor Hussain v. State of J and K and ors. (Annexure-G). The Court finally disposed of this petition, after admitting it to hearing, (on agreement of parties). The operative portion of the order reads as under.

(3.) "Respondents 1 and 2 are directed to consider the respective claims of the parties and take a decision with regard to the renewal of the lease or otherwise with respect to the land in dispute within four months from the receipt of this order under rules and law governing the subject matter. Till then status quo be maintained."