BASHIR AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) A short grievance projected by the petitioner in this petition is that he is lessee in possession of the land measuring 64 Kanals 18 Marlas falling under Khasra Nos. 227, 228 and 229 situated at Village Pathwar Tehsil Majalta District Udhampur which was leased out to the petitioner by its owners, namely, Puran Singh and his Co-sharers. He also places reliance upon mutation of inheritance attested by the competent Revenue Officer. This petition has been filed on the apprehension that Tehsildar Majalta, who has received some complaint is contemplating to evict the petitioner from his land otherwise than in due course of law.

(2.) This petition came up for consideration before this Court on 16/9/2015 when this Court while issuing notice to the respondents for filing reply, also directed the respondents not to evict the petitioner from his land except in due course of law. This interim direction passed on 16/9/2015 is operating. The respondents have neither filed objections to the petition nor have sought vacation of interim order. The matter is more than six years old and cannot wait for its disposal indefinitely.

(3.) In these circumstances and having regard to the pleadings of the petitioner and the material placed on record, this petition is disposed of by directing the respondents not to evict the petitioner from the subject land which is claimed by the petitioner to be in his possession as lessee thereof under leasers Puran Singh and his Co-sharers otherwise, then in due course of law. This is however, subject to the verification by the respondents that leaser Puran Chand and his Co-sharers were owners and competent to transfer the land by way of lease. This writ petition is, accordingly, disposed of.