MASOODA AKHTAR Vs. STATE

JUDGEMENT

(1.) BY the medium of this writ petition, petitioners have prayed for issuance of writ of certiorari, quashing the order dated 11th June, 2005, passed by respondent No.2, hereinafter for short impugned order on the grounds taken in the writ petition.

(2.) RESPONDENTS have filed reply. Learned counsel for petitioner argued that the property in question is not migrant property, thus Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, hereinafter for short the "Act" was not applicable. While developing the arguments, argued that the impugned order has been passed without jurisdiction and power. The respondent No.2 arbitrarily and erroneously held that property in question is migrant property.

(3.) LEARNED counsel for respondent argued that property in question is a migrant property and provisions of the Act are applicable.