PIARAY LAL BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner's father, Prem Nath Bhat was the owner of the two storeyed house with land apportioned thereto measuring 4 kanals and 13 marlas falling under kahsra No. 1100 min situated at village, Fathepora Anangnag, Kashmir. After the death of his father, petitioner along with his mother, Soomawati, brothers, Nana Ji Bhat, Roshan Lal Bhat and Hira Lal Bhat became the owner of the said property. Kashmir Valley experienced disturbance due to which, petitioner along with his family had migrated from the Kashmir Valley and he alongwith his family was duly registered as migrant with the relief authority. This petition is filed by him on behalf of all the family members, as he is karta of the family.

(2.) Grievance of the petitioner is that the Police Department has occupied the property of the petitioner on 01.05.1998 without their knowledge and consent and they are in occupation of the same till date. A police picket has been set up in his house and due to their occupation the petitioners have suffered damages. The petitioner's father during his life time approached the respondents by way of a representations number of times for payment of rent for use and occupation of the aforesaid property in terms of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sale) Act, 1997 (for short the Act).

(3.) On his representation, Inspector General of Police, Kashmir Zone, Srinagar addressed a communication dated 02.06.2001 to respondent No. 3- Senior Superintendent of Police, Anantnag, Kashmir asking him to conduct the ground verification at the site. An application to the Deputy Commissioner, District Magistrate, Anantnag under the aforesaid Act was also made by the petitioner who sought an immediate report was called from the Tehsildar, Anantnag.