MOHD. LATIF Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners allege that they are all successors of Mahia Dhobi, who was the owner in possession of the land measuring 34 kanals and 17 marlas of Khasra No. 581 (1 Marla),Khasra No. 585 (3 kanals 1 marla), Khasra No. 586 (1 marla), Khasra No. 587 (2 kanals 5 marlas, Khasra No. 588 (3 kanal 4 marlas), Khasra No. 589 (24 kanals 19 marlas) and Khasra No. 590 (1 kanal 6 marlas) situated in village Digiana Tehsil and District Jammu.

(2.) They have filed the petition invoking Article 226 of the Constitution of India to provide them with suitable alternative land measuring 31 kanals and 10 marlas in the same village in lieu of their equivalent land of Khasra Nos. 581 and 585 to 590 of the village which is alleged to be in occupation of the State Authorities and for a direction to deliver possession of 3 kanals and 7 marlas of land of Khasra No. 589 min which is said to be still lying vacant. In the alternative, the petitioners have prayed for the compensation of the aforesaid land and for rental value of its unauthorized use and occupation from 1965-66 till it is actually acquired and compensation is paid.

(3.) The writ petition has been filed on the allegation that the aforesaid land belonging to their predecessor-in-interest was never acquired and they were not paid any compensation though its possession was illegally taken over in the year 1965-66.