Aijaz Ahmad Lone And Another vs State Of J&K And Others
2021 Latest Caselaw 729 j&K/2

                                                                 S. No. 216
                                                            After Notice Causelist


  IN THE HIGH COURT OF JAMMU AND KASHMIR
                                 AT SRINAGAR



                           Case: LPASW 123/2018
                                 IA (1/2018)

Aijaz Ahmad Lone and another
                                                     ... Petitioner/Appellant(s)
Through: Mr. Rizwan ul Zaman Bhat, Advocate

                           V/s
State of J&K and others
                                                               ... Respondent(s)

Through: Mr. B. A. Dar, Sr. AAG

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

Heard Rizwan ul Zaman Bhat, learned counsel for the appellants and

Mr. B. A. Dar, Sr. AAG for respondents.

Under challenge in this appeal is judgment and order dated 19.7.2018

by which the writ petition filed by the appellants was dismissed. The

appellants in the writ petition inter alia claim for issuance of a direction upon

the official respondents to appoint appellant No. 1 in service of the respondent

department in lieu of the land donated by his father i.e. appellant No. 2,

measuring 13 marlas situated in village Sangus, district Kulgam.

The writ petition has been dismissed with the finding that in lieu of the

aforesaid land, two sons of the appellant No. 2 namely Mohd. Shafi and

Shahnawaz Ahmad Lone have already been appointed.

P age |2 LPASW 123/2018

It is pertinent to mention here that the aforesaid transfer of the land took

place in the year 1999. The appellant No. 2, father of appellant No. 1 who is

seeking employment, had executed the said transfer.

The submission of the learned counsel for the appellants is that the

appellant No. 1 had separated from the family and had acquired exclusive title

over the aforesaid 13 marlas of land by virtue of a decree of a civil court in

the year 2006.

It appears from the record that after the father of the appellant No. 1

had donated the said land to the Police Department and in lieu thereof got

appointment of two of his sons, the appellant No. 1 got a gift deed of the said

land in his name and on its basis filed the civil suit and got a decree in the year

2006. Since the said gift deed and the decree are subsequent to the transfer of

the land by the father of the appellant No. 1 in favour of the Police

Department, and he had accepted appointment of two of his sons, the

appellants were divested of all their rights in the said land. Accordingly, they

are not entitled to any further relief much less the appointment of the third son

in lieu thereof.

In view of the aforesaid facts and circumstances, we find that the writ

court has not erred in law in dismissing the writ petition. The appeal lacks

merit and is dismissed.

                                         (SANJAY DHAR)               (PANKAJ MITHAL)
                                                 JUDGE                  CHIEF JUSTICE

           Srinagar
           08-07-2021
           N Ahmad




NISSAR A BHAT
2021.07.09 12:52
I attest to the accuracy and
integrity of this document