LAWS(J&K)-2018-3-88

SAIN KHAN & ANR Vs. STATE & ORS

Decided On March 14, 2018
Sain Khan And Anr Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) Going by the nature of relief sought for and with the consent of learned counsel for the parties, the present writ petition is admitted to hearing and same is taken up for final disposal.

(2.) Through the instant writ petition, the petitioners seek a writ of mandamus commanding the respondents to appoint the petitioner as Class-IV employee in the Education Department in lieu of land given by him for construction of school building in village Gulhota, Tehsil Mendhar and/or alternatively commanding the respondents to remove the structure/building forthwith with a further direction to the respondent to pay compensation for use and occupation of proprietary land of the petitioner with effect from 004.1997 till date.

(3.) Learned counsel for the petitioners states that petitioner No.1 is the father and petitioner No.2 is the son. Petitioner No.1 is owner of land under Survey No.2145- min measuring 03 Kanals situated at village Kangra Gulhota, Tehsil Mendhar District Poonch. The respondents/Education Department approached petitioner No.1, father of petitioner No.2, through respondent Nos.4 & 5 and asked him to donate/surrender three Kanals of his proprietary land in favour of Education Department for the purpose of construction of School building with an undertaking and promise to provide employment as Class-IV to one of the members of the petitioners family in lieu of three Kanals of proprietary land donated by him to the Education department for the construction of school building.