SURAYA AMIN Vs. STATE

JUDGEMENT

(1.) ALLOWING reversion of land measuring 44 kanals situated at Dhobighat Gulmarg, under survey Nos. 747,779,778, 845, 846 and 847 earlier taken on lease from one late Shiekh Mohd Amin, in favour of his successors -in -interest, Government passed order No.102 -Agri 2007 dated 21.06.2007 as under: -

(2.) CLAIMING to be a daughter of above mentioned Sheikh Mohd Amin, and apprehending that respondent no. 5, his daughter -in -law might manipulate possession of entire land mentioned in Government order aforesaid to her exclusion, the petitioner has instituted this writ petition for a direction upon respondent -government and its functionaries to adhere to the order and desist from its violation in any manner. Reply filed on behalf of respondent No.5 is that the petitioner has sought issuance of mandamus upon respondents without alleging infraction of any statutory duty on part of respondent -authorities on an unfounded apprehension which rendered the writ petition not maintainable. During course of submissions appearing counsel have reiterated the contents of their respective pleadings.

(3.) I have heard learned counsel and considered the matter. On her own showing, the petitioner has based the whole case on a mere apprehension that respondent no.5 may somehow manage to get hold of the entire land mentioned in aforesaid Government order even while reversion of the land has expressly been ordered in favour of successors of late Sheikh Mohd Amin, the erstwhile land holder. No omission or commission on part of any official authority in breach of statutory duty has been alleged that could validly constitute an actionable cause which in present form renders the petition premature.