BASHIR Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioners have approached this Court for grant of the following reliefs

(2.) The short contention of the petitioners is that they had purchased the land in the year, 2009 and have constructed one storey building below the ground level comprised of three shops constructed on the ground level. Petitioner No. 1 even residing on the ground floor with his family and petitioner No. 3 raised the construction of two storey building below the ground level and one storey comprised of one shop on the ground level. The petitioners are further submits that three shops belonging to petitioner No. 3 under khasra No. 270 min have already been demolished on the instructions of the respondents and have threatened to demolish the rest of the shops of the petitioners. Thus, they cannot be dispossessed illegally and forcibly without following the due process of law.

(3.) The stand taken by the respondents in their objections is that this writ petition involves disputed questions of fact, which cannot be adjudicated upon by this Court on these proceedings. It is further stated by the respondents that they have acquired the land measuring 01 kanal and 03 marlas under khasra No. 2331 min in village, Sailan vide final award No. DCPLA192-94 dated 22.08.2007.