Excelsior Correspondent
SRINAGAR, Dec 24: The High Court has directed the Revenue authorities to mutate the 6 kanals of land in favour of the petitioner who has migrated from Valley in tune with the Government order of 2009.
The Petitioner-Manjit Singh pleaded before the Court that the Government of Jammu and Kashmir, issued an order bearing No. 74-Rev/NDK of 2009 dated 08.07.2009 by virtue of which proprietary rights of the Nazool land measuring 06 kanals 8 marlas and 212 Sft. situated at Bund Kothibagh, Srinagar initially leased out in favour of the petitioner’s father in 1937 for a period of 40 years which was renewed from time to time.
Singh claims to have become migrant and he under J&K Migrant Immovable Property ( Preservation, Protection and Restraint on Distress Sales) Act, 1997 is entitled to his property.
“Since the petitioner was involved in the litigation for purpose of getting the proprietary rights of the property, it appears that during this period certain persons had illegally and unauthorizedly entered into the property and had taken possession of certain portion thereof,” he pleads.
He was seeking immediate removal of unauthorized occupation of the land and take over the possession of the property from the unauthorized occupants and thereafter hand over the same to the petitioner.
Justice M A Chowdhary while disposing the plea of the petitioner directed the Deputy Commissioner Srinagar to make entries in the revenue records and attest the mutation of the land in question subject to the legal requirements, in favour of the petitioner in terms of Government Order dated 08.07.2009.
His counsel during the arguments plead before the bench that the portioner obtained the judgment for grant of proprietary rights and he requested District Magistrate Srinagar and Divisional Commissioner Kashmir in this behalf. However, despite depositing the amount before official respondents, he was not given proprietary rights, as such, he moved the instant petition.
The official respondents admitted in their objections that in terms of order dated 08.07.2009 proprietary rights in respect of land in question have been granted in favour of the petitioner and others. Court has been informed that some Attorney holders have filed an application before the Divisional Commissioner for grant of permission to alienate the share of other share-holders land to one Riyaz Ahmad, Mushtaq Ahmad and Choudhary Mohammad Razak.
The Divisional Commissioner forwarded the application to the Deputy Commissioner, Srinagar for appropriate necessary action. He forwarded the said application to Tehsildar South who has referred the matter to Naib Tehsildar concerned for verification report.
It is stated that when the Naib Tehsildar was about to send his report to the Tehsildar the petitioner produced a copy of the order dated 24.09.2012 before him, as result of which, he stopped further proceedings in the matter as such the petitioner is entitled to safeguard the rights and interest of his portion of land and not to claim any right or interest in the land of the answering respondents, therefore, respondents prays for dismissal of the writ petition.
Court after having due regards of the issue and after hearing both the parties at length opined that the petitioner has made out a case and accordingly allowed the petition with the direction to the DC Srinagar to make entries in the Revenue records in favour of the petitioner for the land in question.
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