KANYA LAL DASSI Vs. STATE OF J&K

JUDGEMENT

(1.) The Petitioner Nos. 1 and 2 - Kanya Lal Dassi and Gouri Shanker Dassi, and Petitioner No. 3- M.K. Dassi, left behind their two storied building with attic and a single storied building with attic alongwith land appurtenant thereto respectively, at village Ganjwara of Tehsil Anantnag in District Anantnag-Kashmir, when they had to migrate therefrom because of the militancy in Kashmir valley. Their houses and land were occupied by the Security Forces Vide its decision No. 1203-14/LRA/Rent/2002 dated 30.01.2002, the State Government assessed Rs. 3330/- and 904/- per month as rent payable for their houses respectively.

(2.) According to the Petitioners, the State Authorities assessed rent payable for their houses alone and no rent was assessed for the land appurtenant thereto, which too was occupied by the Security Forces. Rs. 46384/- is stated by the Petitioners to have been received by Petitioner Nos. 1 and 2 vide Draft No. 97657 dated 08.02.2003 drawn on the Jammu and Kashmir Bank Limited, as part payment towards the rent of their houses. Petitioner No. 3 was not, however, paid anything towards the rent of his building in occupation of the Security Forces.

(3.) The Deputy Commissioner, Anantnags response to the Petitioners. Notice dated 12.06.2002 for payment of rent is relied upon by the Petitioners to support the case set up in the Writ Petition. A copy of the communication has been placed on records.