Excelsior Correspondent
JAMMU, Oct 19: High Court has directed the Commissioner / Secretary Reve-
nue, Deputy Commissioner Srinagar, Custodian General Evacuee Property, Inspector General of Police Kashmir Range and Senior Superintendent of Police Srinagar to maintain status quo as on date with regard to the peaceful/uninterrupted possession of Tariq Hameed Karra, former Member of Parliament, in respect of land covered under various survey numbers situated at Revenue Estate Shivpora, Srinagar.
These court directions were passed in a writ petition filed by Tariq Hameed Karra seeking directions to the Custodian General, Deputy Custodian General and Custodian Evacuee Property Kashmir for passing appropriate orders on the claims made by him for de-notifying and restoration of the land situated in Revenue Estate Shivpora in favour of the petitioner as he has already approached the authorities for restoration/de-notification under the Jammu and Kashmir State Evacuees (Administration of Property) Act, 2006. The petitioner has also sought directions for taking appropriate action against all those who intend to grab his land.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner, Justice Tashi Rabstan issued notices to the functionaries of the State Government and in the mean time subject to objections and till next date of hearing before the Bench directed for maintenance of status quo.
In the writ petition, it has been contended that the petitioner is one of the legal heirs of late Kaukab Jabeen, wife of late Abdul Hameed Karra, who along with other legal heirs namely Akhter Firdous and by implication of law, succeeded to the property left by the evacuees Kh. Imam-ud-Din and Kh. Qamar-ud-Din and after the death of the evacuees, their property under Muslim Personal Law was inherited by the legal heirs—Kaukab Jabeen (mother of petitioner) and Akhter Firdous, sister of late Kaukab Jabeen.
After death of Kaukab Jabeen, her share of the property was inherited by her children including the petitioner and later Akhter Firdous also died. It was submitted before the High Court that after the death of evacuees, an application was filed for restoration of the property which was not decided, compelling the petitioner to file a writ petition in which vires of Section 14(2) and 16(4) of the Evacuee Property Act was challenged.
The writ petition was decided by the State High Court on September 27, 2002 which upheld the vires of Section 14(2) of the Evacuee Property Act but at the same time the court kept the matter alive for grant of NOC with regard to allotment and restoration of the property.
Advocate S S Ahmed also invited the attention of the court to a forged/fraudulent order allegedly issued by Custodian General J&K whereby land measuring 33 Kanals and 04 Marlas covered under Survey No.224, 30, 28, 223, 260, 303, 326 and 225 belonging to Imam-ud-din and others situated at Shivpora which is under the possession of the petitioner as successor, has been allotted to Ghulam Mohammad Wani, Abdul Rashid Wani, Mohammad Yousuf Wani and Khurshid Ahmed Wani of Shivpora.
On getting the knowledge of the order, the petitioner approached the Custodian General to hold a detailed enquiry and refer the matter to the concerned Police Station so that culprits including the beneficiaries of this illegal order are booked under criminal law but no action was initiated by the authorities under the Evacuee Property Act. The petitioner thereafter filed a petition before the Srinagar Wing of the High Court which was disposed of on May 25, 2016 with the direction to the Custodian General to hold an enquiry regarding the order.
“After enquiry if it emerges that the order is fake then action as shall be warranted including reporting the matter to the police shall be initiated against the culprits”, the High Court had stated in its order dated May 25, 2016
“The petitioner has resigned both from primary membership of the PDP and as Member of Parliament and with his resignation different authorities including land mafia got activated at the behest of his rivals by joining hands with the encroachers and extending complete support to them in order to deprive the petitioner from his land”, Advocate Ahmad said, adding “the encroachers have full patronage of certain hidden hands in police and revenue agency”.
“The instances of encroachment brought to the notice of the High Court are just tip of the iceberg as this has become a routine of certain vested interests to harass and blackmail the petitioner at the behest of his political rivals to dispossess him forcibly from the land which was in possession of the petitioner’s ancestors as lawful owners”, Advocate Ahmad said.
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