HILAL AHMAD WANI Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners are owners of agricultural land measuring 01 kanal and 04 marlas comprised in khasra No.1313 situate at village Utresoo Shangus, District Anantnag ['the subject land']. The subject land was under cultivating possession of the father of respondent Nos. 7 and 8 as tenant prior to their migration from the Valley in the year 1990. The relationship of landlord and tenant between the petitioners and respondent Nos. 7 and 8 ['the migrants'] is admitted by the petitioners. By operation of J&K Agrarian Reforms Act, 1976 ['the Act of 1976'], the subject land vested in the State under Sec. 4 of the Act of 1976 and mutation No. 1657 came to be attested in this regard. The said mutation is subject matter of challenge in an appeal before the competent authority. The said appeal is reportedly dismissed for non-prosecution and there is no application for restoration of the appeal moved by the petitioners. With respect to the subject land, the migrants i.e respondent Nos. 7 and 8 have also executed a Power of Attorney in favour of respondent No.9 which is also subject matter of challenge in a Civil Suit pending before the 2nd Civil Subordinate Judge (Passenger Tax), Jammu ['Civil Court']. There is an order of status quo with regard to the said Power of Attorney by the Civil Court. It is alleged that, on the strength of Power of Attorney issued by respondent Nos. 7 and 8, the respondent No.9 started interfering with the subject land. The petitioners approached the District Magistrate, Anantnag to pass appropriate orders for protection of the subject property from the illegal occupation of respondent No.9 under J&K Migrant Immovable Property (Preservation, Protection and Restrain on Distress Sales) Act, 1997 ['the Act of 1997']. Vide order No. DCA/MC/(341/15)/20-21/1131-33 dtd. 5/3/2021, the District Magistrate, Anantnag settled the matter by ordering as under:

(2.) The migrants [Tej Nath Matoo and Raj Nath Matoo] challenged the order of District Magistrate, Anantnag dtd. 5/3/2021 (supra) before this Court in WPC No. 557/2021. The said writ petition was dismissed as withdrawn with a liberty to the aforesaid migrants to file an application/representation before respondent No.2. This Court maintained the order of District Magistrate, Anantnag insofar as it ordered the taking possession of the subject property by the Tehsildar Shangus on behalf of the District Magistrate, Anantnag Thereafter, there appears to be an application moved by the migrants before the District Magistrate to hand over the possession of the subject land in favour of their attorney i.e respondent No.9.

(3.) With a view to abort the attempt of respondent No.9 to take over the possession of subject land, the petitioners, who were erstwhile owners of the subject land, have filed this petition seeking, inter alia, a direction to the District Magistrate, Anantnag to implement his own order passed on 5/3/2021 and restrain respondent No.9 from raising any sort of construction over the subject land. On this petition coming up for consideration, this Court vide its order dtd. 28/4/2022, while issuing notice to the respondents for filing objections, also provided, by way of an interim order, that the District Magistrate, Anantnag shall adhere to and implement his own order dtd. 5/3/2021 and shall ensure that no construction by either of the parties is undertaken on the subject land. It appears that, in compliance to the interim directions passed by this Court on 28/4/2022, the District Magistrate, Anantnag has acted in the matter and has, through Tehsildar Shangus, issued notice dtd. 17/6/2022 directing the Power of Attorney of the migrants, the respondent No.9, to vacate the possession of the subject land. It is this notice of Tehsildar Shangus issued pursuant to the directions of the District Magistrate, Anantnag and in compliance to the interim order dtd. 28/4/2022 passed by this Court in WP(C) No. 890 of 2022, which is subject matter of challenge by the Power of Attorney- respondent No.9 herein along with one Sharika Pandita, in WP(C) No. 1316/2022.