MANZOOR AHMED Vs. STATE

JUDGEMENT

(1.) Petitioners have thrown challenge to initiation of proceedings under J&K Migrant Immovable Property (Preservation, Proteciton and Restraint on Distress Sales) Act. 1997 (hereafter for short Act) by District Magistrate Srinagar (respondent No. 3) on application of respondent No. 5 attorney of respondent No. 4 and the order dated 1.5.1999 passed by D.M.S. directing SP.crimes to hold enquiry regarding genuineness or otherwise of power of attorneys produced before the Magistrate by the contesting private parties (The petitioner and the respondent No. 5) and at the same time directing Tehsildar to take over the possession of the property, subject of the' proceedings measuring 21 Kanals and 9 Marias in khasra Nos. 2690/194, 2691/197, 2692/197 and 2693/198 situated at Batpora Tehsil and District, Srinagar. The order passed in appeal against this order of Dy. Commissioner by Financial Commissioner dismissing the appeal (Annexure-K) is also impugned in this petition.

(2.) On consensual submission of the counsel for the parties the matter is taken up for final disposal.

(3.) Admit. The counsel for respondent No. 4 and 5 Mr. Makhdoomi submits that the reply on record may be treated reply at this post- admission stage on behalf of respondents 4 and 5. The official respondents are not desirous to file any reply even at this post-admission stage, as has been the case even at preadmission stage of the proceedings. Heard.