GULLA DAR Vs. STATE

JUDGEMENT

(1.) DESPITE the fact that parties were summoned, they are not present.

(2.) THESE proceedings have been filed wherein dispute is being joined regarding possession of a piece of land measuring 6 kanals and 1 marla covered by survey No: 1533/796 situate at village Majid Bagh, Tehsil Budgam Petitioner claims that the land has been in his possession for the last more than four decades and continues to be so even at present. It is also averred that the land has, however, been declared an evacuee property by the Custodian Evacuee Administration, Kashmir. Even after Its notification, as such, the same continued to be in possession of the petitioner against proper rent.

(3.) IT is further averred that it appears that in the year 1982, some persons including the respondent No. 2 namely Ghulam Hassan Rather S/o Sidiq Rather R/o Majid Bagh, Tehsil Budgam, filed an application and affidavit with the Custodian General) and obtained an allotment of land in their favour. It is alleged that the order of allotment was not made known to the petitioner or to the revenue authorities at all. However, in the month of December 1987, respondent No, 2 and those persons started illegal interference with the petitioners possession over the aforesaid land and when it was objected to, they informed the petitioner about the allotment of land. The petitioner immediately rushed and tried to seek appropriate remedy and it seems that the matter has then been taken up by the police and they have drawn proceedings under section 145 read with Section 107 of Cr. P.C. in the court of Executive Magistrate, Budgam on 15 -1 -1988.