AB RAHIM DAR Vs. STATE

JUDGEMENT

(1.) RESPONDENT No.5 through his attorney appears to have represented before Dy. Commissioner Srinagar and alleging : construction of temporary shed, etc. by present petitioner in the disputed land sought action against him petitioner under Jammu and Kashmir Migrants Immovable Property (Preservation, Protection and Restraint on Distress sales) Act 1997, who vide order No. 1863 -66/SQ/Misc. dated 10.08.2000, directed Tehsildar settlement to remove barbed wire/fencing from around the land measuring 1 kanal under .survey no. 2102/1589/630 situate in Batmaloo Srinagar, alongwith the shed constructed therein and report after evicting the unauthorized occupants if any there from, if necessary, with assistance of police/demolition squad.

(2.) MEANWHILE the petitioner appears to have agitated the matter also through a civil suit wherein he obtained an interim injunctive direction of status quo from trial court of Additional District Judge Srinagar, which was appealed against by said respondents -attorney before this court whereupon vide judgment dated 23rd august 1999 the interim injunction order, passed by trial court was vacated leaving the Dy. Commissioner Srinagar free to exercise his power of keeping the property under reference in his possession. Against aforesaid appellate order of this court passed in C1MA 65/99, a LPA being No. 147/99 appears to have been instituted by present petitioner which was disposed of by the appeal Bench on 6.3.2000 by directing expeditious disposal of the civil suit and maintenance of status quo regarding land under reference as existing on the date of order. On asking of appellants counsel however, the bench while clarifying the order further observed as under: -