FATEH DIN Vs. NOOR HUSSAIN

JUDGEMENT

(1.) CLAIMING to be the legal heirs of one Resham Bibi who had been allotted land measuring fourteen kanals and five marlas comprised in Survey No.1440 of Village Dara Dullian, Poonch, the petitioners have filed this writ petition questioning Noor Hussain -respondent No.1s right to the restoration of seven kanals of land out of the aforesaid land allotted to Mst. Resham Bibi.

(2.) PETITIONERS short submission as projected by their counsel Mr. P.N.Bhat is that the authorities under the Jammu and Kashmir State Evacuees (Administration of Property) Act, Svt. 2006 had erred in omitting to consider the effect of the first proviso appended to Section 14 of the Act, on respondent No.1s application seeking restoration of property, which application had not been supported by the requisite CERTIFICATE from the Government to the effect that Evacuee Property be so restored to the respondents.

(3.) MR . G.R.Asghar, learned counsel appearing for respondent No.1 Noor Hussain, while supporting the orders of the sub -ordinate officers and the Jammu and Kashmir Special Tribunal urged that petitioners plea was technical in nature and having been raised for the first time before the Jammu and Kashmir Special Tribunal did not warrant any consideration.