Anjum Bashir vs Ut Of J&K And Others
2021 Latest Caselaw 938 j&K/2

                                                                  Sr. No.68

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR


                           WP(C) No.163/2020

Anjum Bashir                                    ...Petitioner(s)/Appellants.
Through:    Mr. Shah Ashiq Hussain, Advocate.
                                    Vs.
UT of J&K and others.                                     ....Respondent(s)
Through:    Mr. B. A. Dar, Sr. AAG.
CORAM:
HON'BLE MR. JUSTICE ALI MOHAMMAD MAGREY, JUDGE

                                ORDER

20.08.2021

Petitioner claims to be in possession of shamilat deh land measuring 3 kanals 1 ½ marla under suvey no.1097 situate at Chaterhama Srinagar, which stands mutated in her name on the basis of a gift deed. Petitioner further claims that her application for grant of permission to construct the residential house is pending with the Deputy Commissioner, Srinagar, but on account of inaction on his part, the petitioner has filed this writ petition.

Learned counsel for the petitioner submits that the respondents are under a mistaken belief of interpretation of law qua the retention of the shamilat land status where of is a proprietary in nature as has been declared by Division Bench of this Court in a judgment reported at SLJ 2004(II) 776 : Union of India v. Mst. Freeni Boga. Therefore, the petitioner is entitled to seek protection of his rights qua raising the construction which by no stretch of imagination can be denied or refused by the Deputy Commissioner.

In terms of the order 28th January, 2020, the court on motion hearing while issuing notice to the respondents directed the Deputy Commissioner, Srinagar, to take appropriate decision on the application stated to be pending before him within a period of six weeks but till date no decision has been taken.

Mr. Dar, learned Sr.AAG, seeks and is granted two weeks further time to file reply and compliance of order dated 28th January, 2021. Mr. Dar shall also assist the court with regard to application of the judgment pressed into service by the petitioner (supra).

List on 10th September, 2021.

Let a copy of this order be provided to Mr. Dar, by the Registry.

(ALI MOHAMMAD MAGREY) JUDGE Srinagar 20.08.2021 Abdul Qayoom, PS

ABDUL QAYOOM LONE 2021.08.21 15:49 I attest to the accuracy and integrity of this document