Ghulam Rasool Mir vs State Of J&K And Others
2021 Latest Caselaw 132 j&K

                                                                 Sr. No. 210
                HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU
CJ Court

Case: OWP No. 99 of 2011


Ghulam Rasool Mir.                                  ...Petitioner(s)/Appellant(s)
                                  Through: Sh. O. P. Thakur, Sr. Advocate
                                           with Sh. R. K.S. Thakur, Advocate.


                          v/s
State of J&K and others                                       .... Respondent(s)
                                  Through: Sh. D. C. Raina, Advocate General
                                           with Sh. S. S. Nanda, Sr. AAG for
                                           respondent nos. 1 to 6.


         CORAM:
         HON'BLE THE CHIEF JUSTICE
         HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE


                                       ORDER

01. Heard Sh. O. P. Thakur, learned senior counsel assisted by Sh. R. K. S.

Thakur, Advocate for the petitioner and Sh. D. C. Raina, learned Advocate

General with Sh. S. S. Nanda, Senior Additional Advocate General for

respondent nos. 1 to 6.

02. The petitioner is challenging the conferment of ownership right in

respect of certain land in favour of respondent no.7 under the Jammu and

Kashmir State Lands (Vesting of ownership rights to the occupants) Act, 2001.

The aforesaid Act has been declared to be ultra vires and non est and all lands

so vested under the said Act had been directed to be retrieved by the decision

made by Division Bench of this court in a case popularly known as Roshini

case.

03. In view of the above position, we are of the opinion that this writ petition

has been rendered infructuous.

04. Accordingly, the writ petition stands disposed of with liberty to the

petitioner who is dead through his legal heirs/representatives to revive the

petition in case the said judgment and order is set aside or is otherwise

reviewed to detrimental of the petitioner.

                             (JAVED IQBAL WANI)              (PANKAJ MITHAL)
                                        JUDGE                  CHIEF JUSTICE
Jammu
16.02.2021
Sunita.