MUMTAZ AHMED & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) Through the instant writ petition, the petitioners seek the following relief in the nature of:-

(2.) The relevant facts for considering the present writ petition are that the land under Khasra No. 39-min measuring 01 Kanal 12 Marlas in one portion and 04 Marlas in another portion in village Goladh, Tehsil Mendhar District Poonch, admittedly, belongs to Custodian Evacuee Property. It is also not in dispute that this land is a commercial land. In the year 1984, to be more specific on 03.02.1984, the Custodian General issued two orders bearing No. CG(EP)6098/84 and CG(EP)6099/84 both dated 03.02.1984 granting lease in respect of commercial property to one Aftab Ahmed Khan S/o Saki Walayat Khan and Zaman Shah S/o Said Mohd. Shah for a period of ten years. That period had to expire in the year 1994 but it appears that these people were continuing to be in possession rightly or wrongly. Thereafter, one Prem Kumar S/o Ascharaj Lal, said to be the resident of Goladh Tehsil Mendhar District Poonch made an application to the Assistant Custodian (Tehsildar) Mendhar pleading that he is a refugee of 1947, a 'displaced person', and he has no land allotted either in his name or the name of his deceased father and therefore, he sought allotment of this land in Khasra No. 39 (01 Kanal 12 Marlas) and (04 Marlas) and his request was considered by the Assistant Custodian (Tehsildar) Mendhar in terms of Cabinet decision No. 578-C of 1954 and he passed an order on 04.12.2004, conferring the occupancy tenancy rights in terms of Section 3-A of the Agrarian Reforms Act in respect of the above stated land. It appears that Prem Kumar based on this conferment of tenancy right in his favour which could be parted with sold his rights in the falling manner:-

(3.) A reading of 2nd Page of the order of the Custodian General, 3rd paragraph reveals subsequent facts i.e., Aftab Ahmad Khan has alienated 08 Marlas out of the land in question in favour of Mumtaz Ahmad Khan S/o Mohammad Shafi Khoker (04 Marlas), and 08 Marlas, one marla each in favour of Navid Ali S/o Ab. Rashid, Mumtaz Ahmad S/o Noor Mohd. Sheikh, Parvez S/o Mohammad Zaman Bhati and Shabir Hussain S/o Sain Shah, (who are non-applicant Nos. 5 to 9 in case No. 1) before the Custodian General. These are the facts which have been culled out by the Custodian General while the petitioners state that they have sold the property to these persons. It is for the authority to verify any other particular which may be required to consider this claim of these persons, who have also moved the Special Tribunal as petitioners, therefore, this order of the Special Tribunal will become final insofar as those petitioners before the Tribuanl, who have challenged the order dated 03.07.2012 passed by the Special Tribunal.