BILLO KASANA Vs. STATE OF J&K

JUDGEMENT

(1.) By this common judgment, two writ petitions, one bearing OWP No.1938/2015 and another bearing OWP No.1086/2016 are proposed to be disposed of.

(2.) Vide OWP No.1938/2015, the petitioners have challenged the order passed by respondent No.3-District Magistrate, Shopian, whereby, while exercising powers under Sec. 5 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (hereinafter referred to as 'the Act of 1997'), the District Magistrate has directed the Naib Tehsildar, Kanjiullar to take possession of the land mentioned in the said order, which includes the land measuring 25 kanals 17 marlas in Khasra No.2914/294 and land measuring 8 kanals in Khasra No.3969/287 situated at Ramnagri Shopian, which is subject matter of the instant writ petitions.

(3.) It seems that the petitioners filed an appeal against the aforesaid order in terms of Sec. 7 of the Act of 1997 and the same has been dismissed by the Appellate Authority i.e., Financial Commissioner, Revenue, J&K Srinagar, in terms of order dtd. 23/6/2016. The same has been challenged by the petitioners by virtue of OWP No.1086/2016.