NAZIR AHMAD RATHER Vs. MANZOOR AHMAD MIR

JUDGEMENT

(1.) The factual matrix of the instant petition, as propounded by the petitioner, is that he is in possession of land measuring 02 kanals and 05 marlas, comprising Survey No. 1076/2, situated at Estate Gogo, Humhama, Tehsil and District Badgam. The petitioner has proceeded to state that he has constructed a residential structure on the said land and he is living there at the moment. The kind of soil, it has been spelt out, is Shamilat-i-Jaiz. The petitioner has further contended that Survey No. 1076 comprises of a huge chunk of land spreading over an area of 100 kanals in which other structures have also been raised by those living in his vicinity. The petitioner has also contended that he filed a representation before the Divisional Commissioner, Kashmir, disclosing his grievances, who directed the District Collector to look into the matter. The District Collector referred the same to the Tehsildar Badgam, but to his dismay, the representation has not been decided so far.

(2.) On the date of listing of the petition, an order of status quo came to be passed in it. Subsequently, the petitioner came up with a plea that the respondents have violated the order of the Court and, accordingly, filed the contempt petition against the Naib Tehsildar, Circle Humhama, Badgam, wherein, the said respondent has filed the Status Report, the relevant excerpts of which are detailed below:

(3.) Annexure R-1, attached to the Status Report, is an extract of Girdawari of the year 2013, which spells out that the kind of soil of the land is Mehfooz Kahcharai and a part of it is in the occupation of the Border Security Force. The law on the subject is lucid and clear. In Jagpal Singh and others v. State of Punjab and others, reported in AIR 2011 SC 1123, it has, inter alia, been held as follows: