GHULAM RASOOL BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioners have challenged order bearing No.DCB/ARA/CC/366 dtd. 19/8/2015, passed by Deputy Commissioner, Budgam, whereby Tehsildar, Chadoora, has been directed to take over possession of the land measuring 7 kanals 5 covered by survey No.419 situated at Village Ropora Namthal Tehsil Chadoora from the petitioner. The aforesaid order has been passed by the Deputy Commissioner in exercise of his powers under Sec. 4(1) of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (hereinafter referred to as the Act of 1997).

(2.) The case of petitioner, in brief, is that he purchased a parcel of land measuring 7 kanals 5 marlas under Survey No.419 situated at Village Ropora Namthal Tehsil Chadoora District Budgam from one Madusudan Razdan and Ashok Kumar Razdan-respondent No.9 herein, way back in the year 1989 and obtained possession of the said land from them. It is averred that a proper sale deed could not be executed. Nevertheless, on 23/2/1998, above named Madusudan Razdan and Ashok Kumar Razdan executed an agreement to sell in favour of the petitioner. It is further averred that the petitioner paid a consideration of Rs.4.00 lacs to the owners of the aforesaid land regarding which a separate receipt was executed by them. It is also averred that owners of the land, namely, Madusudan Razdan and Ashok Kumar Razdan, executed a Power of Attorney in favour of the petitioner on 23/2/1998. Petitioner claims his possession over the land in question on the basis of aforesaid documents.

(3.) It appears that respondent No.11 filed an application before Divisional Commissioner, Kashmir-respondent No.3, on 9/7/14, alleging unauthorized occupation of the aforesaid land. Respondent No.11-Ashok Kumar Razdan, is also stated to have made another application making similar allegations before Financial Commissioner(respondent No.2) on 1/4/2013. Various officers of the Revenue Department proceeded to conduct enquiry and other proceedings on the basis of these applications and ultimately Tehsildar, Chadoora, attached the land in question and put the same on Supardnama in terms of his order bearing No.OQ/2014-15/Chd-838 dtd. 13/1/2015. Against this order, petitioner filed a writ petition bearing OWP No.131/2015 which was disposed of by this Court in terms of order dtd. 2/2/2015, whereby aforesaid order of Tehsildar was set aside. However, while setting aside the aforesaid order, the Court directed Deputy Commissioner, Budgam, to decide the matter with reference to taking over possession of the property claimed by respondent No.11 in terms of provisions of the Act of 1997.