LAWS(J&K)-2018-3-17

DARSHAN SINGH Vs. STATE OF J&K

Decided On March 05, 2018
Darshan Singh And Another Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) The petition is admitted for hearing and with the consent of learned counsel for the parties, the same is heard finally.

(2.) In this writ petition, the petitioners inter alia seek a writ of certiorari seeking quashment of award dated 09.07.2015 passed by respondent No. 5 to the extent it pertains to the land of the petitioners measuring 01 kanal 10 marlas and 117 Sqft. forming part of khastra No. 298/37, situated at village Chak Changerwan, Tehsil Jammu. The petitioners also seek writ of mandamus commanding the respondent No. 5 to produce before this Court the entire record pertaining to the land in question as well as a direction to the respondents not to interfere with the possession of the petitioners with respect of land in question.

(3.) The facts giving rise to the filing this writ petition briefly stated are that the the petitioners claim to be the owners of land admeasuring 08 kanals 09 marlas, forming part of Khasra No. 23 situated at village Chak Changarwan Tehsil and District Jammu. It is case of the petitioners that in the year 1995, their land admeasuring 08 kanals 09 marlas was exchanged with the J&K Housing Corporation by way of an exchange deed. Thereafter, formal agreement was executed on 01.02.2009, which was registered with the Notary and thereafter, lease deed was executed on 05.06.2014 in respect of the land admeasuring more than two kanals. The present dispute only pertains to the land admeasuring 01 kanal 10 marlas and 117 Sqft. forming part of khasra No. 298/37.