RADHA KRISHAN BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, through the medium of this petition under Article 226 of the Constitution of India read with Sec. 103 of the State Constitution seek direction to the respondents to pay the arrears of rentals for the period w.e.f. 1/4/2004 till date and to continue paying the rentals for the land measuring 27 kanals 15 marlas of Village Sombrana, Tehsil and District Anantnag, without any delay and with interest; and further quash letter dtd. 19/5/2006 addressed by respondent No.3-Estates Officer, Kashmir Circle, Srinagar to respondent No.4-Deputy Commissioner, Anantnag as illegal and arbitrary and against the principles of natural justice.

(2.) It has been pleaded that the petitioners are owners of land measuring 81 kanals 7 marlas including the land measuring 27 kanals and 15 marlas falling under different survey numbers of Village Sombrana, Tehsil and District Anantnag as per the following details: <FRM>JUDGEMENT_34_LAWS(J&K)10_2023_1.html</FRM>

(3.) It has been pleaded that the land in question has been occupied by the Army in the year 1951 who continues to hold the same till date; that initially rent was being paid by the Army for 54 kanals 7 marlas only through Deputy Commissioner, Anantnag, however no rent was being paid for the land measuring 27 kanals and 15 marlas mentioned in the aforesaid survey numbers though occupied by the Army since the year 1951.