SUNAINA MATOO AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Petition on hand arises out of dispute between the parties regarding a strip of land measuring 08 marlas comprising Survey No. 1837 Min. and shops standing thereon situated at Qasba Baghat Anantnag (herein disputed property). Petitioner on the strength of averments made in the petition seeks quashment of Orders dated 3-12-2009 & 16-11-2011 passed by District Magistrate, Anantnag as also report submitted by Tehsildar, Anantnag to Additional Deputy Commissioner, Anantnag on 15-11-2011. They, further seek a writ of Mandamus commanding them not to evict petitioners or their tenants from disputed property (shops constructed on the disputed land) and allow them to run their business from said premises free of interference.

(2.) Before crystallizing the controversy between the parties, it would be appropriate to have an over view of background facts.

(3.) Petitioners 1 to 4 claim to be descendents of one Kashi Nath Matoo who according to petitioners was all along in possession of the disputed property, as owned thereof. Shri Kashi Nath Matoo is no more and is survived by petitioners 1 to 4. Petitioners claim to have executed a general power of attorney on 29th September 2007 in favour of Shri Bashir Ahmad Khan S/o Haji Shahnawaz Khan R/p Uttersoo, Brariangan, Tehsil Shangus District Anantnag, (through whom present petition is filed), as they because of migration were not in a position to look after the disputed property.