MOHD IQBAL MIR Vs. STATE

JUDGEMENT

(1.) I have heard the learned counsel for the parties on the admission of this petition. The objections filed by the respondents have also been thoroughly considered. As agreed to by the learned counsel for the parties, this petition is to be decided finally, either way, at its admission stage.

(2.) IN this petition, the Government order No: GAD/H&A/45/67 dated: 18.5.1990, conveying approval to the leasing out of the land measuring 2 Kanals and 6 Marlas at Gandoo Ki Chawni, Jammu in favour of Mr. Abdul Majid of Jammu the respondent No: 3 herein, has been challenged on various ground, as mentioned therein.

(3.) THE land in question is wakaf land and is held by Haj and Auqaf Department. It Is part of big chunk of land attached with Hari Singh Higher Secondary School situated at Gandoo Ki Chawni, Jammu, Before, 1947 Akbar Islamia High School was established there. After the holocaust of 1947, the Islamia School got closed and the building alongwith land appurtenant thereto was rented out to the Education Department for Rs. 500/ - per month. The total quantity of land is stated to be about 32 Kanals. Out of the said land, 2 kanals and 6 Marlas were proposed by the concerned authorities to be leased out in order to generate some income for the Auqaf department. Many persons including the petitioner and the respondent No. 3 made offers for the same. The respondent No. 3 was the highest bidder, who offered Rs. 12.50 lacs as premium (Nazrana) besides Rs. 3,000/ - as ground rent per month, and therefore, the Government passed the order impugned in his favour. He has executed the lease deed as directed by the Government, and has fulfilled all the required formalities. He has in deposits the premium of Rs. 12.50 lacs and has been playing the rent also regularly.