KAMLESH DEVI Vs. JAMMU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) WE have heard the learned advocate, Mr. Parag Sharma appearing for the appellant and Mr. Adarsh Sharma, learned advocate appearing for the respondents as well.

(2.) CONSIDERING the facts of the case, we propose to dispose of this LPA at preliminary stage of admission. Petitioner -Appellant approached the court for issuance of a writ of mandamus in directing to regularise the plot of land located at Jawahar Nagar, New Plot, Jammu, of which she claims to be in possession for the last more than 15 years, as it has already been done in other similar case and further, a writ of certiorari for quashing communication (Annexure -A) and notices (Annexures B & C) and also a direction to the respondents to restrain from demolishing the structure raised on the plot and disturb the possession of the appellant on the said land. The plea of the petitioner -appellant, however, did not merit acceptance with the learned single judge and the writ petition was dismissed by order dated 1 -11 -2000. It is how the petitioner -appellant is before us in this appeal to canvass the correctness of the impugned order propounded by the learned single judge.

(3.) FACTS of the case depicted in nutshell are that the petitioner on the strength of her claim of possession on the plot of land seeks its regularisation by the respondents in her favour on the analogy of a case similar to one of Smt. Beant Kour. Mr. Parag Sharma submitted that the petitioner -appellant has been making some payment of land to the respondents during the period she is in possession of the said land and, therefore, a right is vested in her and has acquired a status of tenant, and she cannot be termed as a trespasser