KEWAL KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner, a tenant of Joginder Singh respondent No. 6 in respect of a shop situated at Below Gummat Jammu constructed on land comprised in Khasra No. 325, has filed this writ petition seeking a writ of mandamus for protection of his status as a tenant and for quashing Government Order No. Rev (NDJ) 80 of 1997 dated 07.04.1997 besides seeking treatment similar to the one which had been given by State of Jammu and Kashmir, respondent No. 1 to the tenants of respondent No. 7, Bhupinder Kour while regularizing her possession over a plot of land comprised in Khasra No. 325 situated at Below Gummat, Jammu.

(2.) THE petitioner says that Joginder Singh is the lessee of land measuring 1184 Sq. Ft. falling in Khasra No. 325 on the basis of a lease granted to him by the State Government. One of the shops constructed by Joginder Singh over this land had been let out to the petitioner in the year 1981. According to the petitioner, the lease granted by the Government to Joginder Singh had been renewed vide Government Order No. Rev (NDJ) 80 of 1997 dated 07.04.1997 but without providing protection to the petitioner who is a tenant in the shop thereby treating him differently than the tenants of respondent No. 7 Bhupinder Kour whose possession over the land was regularized vide Government Order No. GR -188 Rev (NDJ) of 1990 dated 9.10.1990.

(3.) STATE -respondents have filed objections to this writ petition to urge that the case of the petitioner was not similar to that of the tenants of respondent No. 7 and, as such, petitioners claim for equal treatment was misconceived. Giving history of the two cases, the State respondents say that one Hira Lal Aneja, father of respondent No. 6 and his brother Isher Dass were Wasidar of Nazool land comprised in Khasra No. 325 measuring 17 marlas 110 Sq. Ft. situated at Below Gummat Jammu in equal shares which had been leased out to them by Divisional Commissioner, Jammu vide his order dated 9.2.1995 B. K.