AMINA BEGUM Vs. STATE OF JK

JUDGEMENT

(1.) In this petition, filed under Article 226 of the Constitution of India read with Sec. 103 of the Constitution of Jammu and Kashmir, the petitioner has sought the indulgence of this Court in granting her the following relief(s):

(2.) Learned counsel for the petitioner submits that the land belonging to the father of the petitioner was taken over by the respondents in the year 1958 on lease, but the requisite formalities for execution of the lease deed to that effect could not be completed. The learned counsel further submits that, thereafter, the father of the petitioner died, when she was a minor. It is pleaded that the petitioner represented before the concerned authority for payment of rent for the occupation of the land of the father of the petitioner which had devolved on her after the death of her father, but, as fate had it for her, all her requests fell in deaf ears.

(3.) Counter Affidavit stands filed by the respondents wherein a stand has been taken that the land in question had been acquired and compensation paid to the father of the petitioner. It is also contended by the respondents that the writ petition was liable to be dismissed on account of delay and latches as the land in question, admittedly, has been taken over way back in the year 1958 and the portioner has filed the writ petition in 2012, i.e. after a period of 54 years.