MOHAMMAD AMIN KAWA Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) Petitioner is aggrieved of the action initiated by the Respondents 1 to 3 on the complaint of Respondent No. 4, in terms whereof, the Respondents 1 to 3 are in the process of evicting the petitioner from the shop, which he claims to be in authorized occupation, before coming into force of The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (for short the "Act").

(2.) Learned counsel for the petitioner submits that the compliant of Respondent No. 4 regarding unauthorized occupation of the shop by the petitioner, can only be decided by the District Magistrate in terms of provision of the Act. He has invited attention of the Court to the communication issued by the Assistant Commissioner (Revenue), Srinagar on 18/6/2019, asking the Tehsildar South, Srinagar, to proceed on spot and take appropriate necessary action under the provisions of Immovable Migrant Property Act, 1997. He has further invited attention of the Court to the orders passed by the Divisional Commissioner, Kashmir, asking the Tehsildar concerned to evict the petitioner.

(3.) Objections stand filed by Respondents 1 to 3 as also compliance by the Deputy Commissioner, Srinagar, perusal whereof reveals that the Respondent-Deputy Commissioner, Srinagar, has on receipt of the complaint of the Respondent No. 4-Migrant, directed the Tehsildar concerned to proceed on spot and take appropriate action in terms of the Act. The Respondent-Deputy Commissioner, Srinagar, has also referred to the report of the Tehsildar, who has mentioned therein that the shop in question is under unauthorized occupation of the petitioner.