MANJIT SINGH Vs. STATE ( NOW UT) OF J&K

JUDGEMENT

(1.) Petitioner through the medium of this Writ Petition under Article 226 of the Constitution of India read with sec. 103 of the Constitution of Jammu & Kashmir prayed following reliefs:

(2.) Petitioner has pleaded that after entering into protracted litigation, the Government of Jammu & Kashmir, finally issued an order bearing No. 74-Rev/NDK of 2009 dtd. 8/7/2009 by virtue of which proprietary rights of the Nazool land measuring 06 kanals 8 marlas and 212 Sft. Comprising of khasra No. 146 and 213/min situated at Bund, Srinagar initially leased out in favour of the petitioner's father vide Govt. Order No. 2365 dtd. 2/9/1937 for a period of 40 years which was renewed from time to time. Petitioner claims to have become migrant because of disturbed conditions in the Kashmir Valley and he under J&K Migrant Immovable Property ( Preservation, Protection and Restraint on Distress Sales) Act, 1997 is entitled to his property. Since the petitioner was involved in the litigation for purpose of getting the proprietary rights of the property, it appears that during this period certain persons had illegally and unauthorizedly entered into the property and had taken possession of certain portion thereof.

(3.) It has been further pleaded that in the meantime the petitioner obtained the judgment for grant of proprietary rights of the petitioner and he requested District Magistrate Srinagar and Divisional Commissioner Kashmir in this behalf, however despite depositing the amount before official respondents, he was not given proprietary rights, as such, he moved this petition.