Cm Nos. 1588/202 vs Ut Of J&K And Others
2021 Latest Caselaw 169 j&K

                                                                     NARESH147KUMAR
                                                                     2021.02.24 15:16


             HIGH COURT OF JAMMU AND KASHMIR
                        AT JAMMU


                                              WP(C) No. 313/2021
                                              CM Nos. 1588/2021

Madan Lal & ors                                                ....Petitioner(s)

                  Through :- Mr. Ankur Sharma, Advocate.
                V/s
UT of J&K and others                                         ....Respondent(s)
                  Through :-

Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                    ORDER

22.02.2021

Counsel for the petitioners states that the petitioners are in occupation

of the lands, details whereof are mentioned in the petition, which were vested in

the state on account of the operation of the Big Landed Estates Abolition Act,

Svt. 2007. Reliance is placed upon Annexure-2, which, however, reflects that

the ownership vests in the State but there is no mention that the lands came to

be vested in the State on account of the operation of the Big Landed Estates

Abolition Act, Svt. 2007.

It is stated that since the petitioners were the tillers over the land in

question and prospective ownership rights had to be conferred upon the

petitioners in terms of Section 3(n) of the Agrarian Reforms Act, they cannot be

dispossessed from the land in question as the judgment of the Division Bench

of this court rendered in PIL No. 19/2011 does not flow in the present case.

Since there is already a judgment passed by the Division bench of

this court in PIL No. 19/2011 and there is no clarity on the issue, which has

been raised by the petitioners, in order to avoid any conflict with the judgment passed by the Division Bench of this court in PIL supra, it would be appropriate

to call for short response from the official respondents in this regard.

Issue notice in the main petition as also in application.

Ms. Monika, Advocate vice Mr. S.S. Nanda, Sr. AAG waives notice

on behalf of the respondents.

List again on 1.3.2021.

Meanwhile, response be filed.

(Dhiraj Singh Thakur) Judge JAMMU 22.02.2021 (NARESH)