AB KHALIQ DAR (HAJI) Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition under article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir has been filed by Haji Abdul Khaliq Dar and 22 others.

(2.) CUSTODIAN , Evacuee Property Kashmir, Srinagar has vide notification dated 10.9.2002 issued under No. CEPS/JS/2002 177 -73 dated 17.9.2002 read with Corrigendum No. CEPK -JS/2002/2293 -96 dated 29.10.2002 notified land measuring 161 kanals and 9 marlas comprising khewat No. 143 located at Tengpora, Batamaloo, Srinagar as Evacuee Property under the provisions of Jammu & Kashmir State Evacuees (Administration of Property) Act, 2006 (for short the Act).

(3.) BY subsequent notifications No. CEPS -Ltg/2002/3521 -24 dated 3.3.2003, CEPS -Ltg/2002/ 3535 -37 dated 4.3.2003, CEPS -Ltg/2002/3612 -14 dated 8.3.2003, CEPS -Ltg/2002/3618 -21 dated 8.3.2003, CEPS/Ltg/2002/3532 -34 dated 4.3.2003, CEPS -Ltg/2002/3622 -24 dated 8.3.2003 and CEPs -Ltg/2002/3528 -31 dated 4.3.2003, the Custodian has demanded possession of the land from the occupants thereof. The petitioners are in possession of the land and are aggrieved of the said notifications. They have, therefore, challenged these notifications through the medium of this writ petition.