LAWS(J&K)-2009-10-52

MEHRAJ Vs. STATE OF J&K AND ORS.

Decided On October 01, 2009
MEHRAJ-UD-DIN YATOO And ORS Appellant
V/S
State of JAndK And Ors Respondents

JUDGEMENT

(1.) In the writ petition filed by the applicants following reliefs are sought;

(2.) At para 6 of the writ petition six questions of law have been formulated by the applicants. The questions of law formulated inter alia state whether Custodian can dispossess a person from evacuee property in violation of J&K Specific Relief Act; whether the alleged status of the applicants as cultivating tenants of the evacuee property remains intact; whether the Custodian could exercise power U/s 7 and take possession of the evacuee property; whether the provisions of Administration of evacuee property Act are violative of Constitution of India because Constitution application order was made applicable to State of J&K in 1954; whether definition of unauthorized person is violative of provisions of Constitution of India; whether the Administrative Evacuee Properties Act would affect the provisions of Agrarian Reforms Act of 1976. It is interalia on these pleadings the reliefs are sought from the court in the writ petition.

(3.) The respondents 5,6 and 7 have filed objections to the maintainability of the writ petition.