Prem Singh Andotra vs State Of J&K And Others
2021 Latest Caselaw 1237 j&K

                                                                   Sr. No. 21

             HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                                      OWP No. 428/2010
                                                      IA No. 586/2010

Prem Singh Andotra                                              ......Petitioner(s)

                             Through:- Mr. Virender Bhat, Advocate
             V/s

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

                             Through:- Mr. S.S. Nanda, Sr. AAG for R-1 to 3
                                       Ms. Nadia Qadir, Advocate for R-4


Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                               ORDER

1. In this petition, the petitioner has inter alia prayed for writ of certiorari to

quash the order of Tehsildar Agrarian Reforms, Kathua dated 02.12.2002

whereby learned Tehsildar has directed the eviction of the petitioner from

the State Land. Petitioner has also prayed for a direction to the respondents

to consider regularization of his possession on the state land under J&K

State Lands (Vesting of Ownership to the Occupants)Act, 2001

2. Learned counsel for the petitioner fairly submits that so far as second

prayer is concerned that is no longer available to the petitioner in view of

the judgment of the Division Bench of this Court, holding the Act of 2001

as ultra virus the Constitution. He further submits that Tehsildar Agrarian

Reforms can only exercise powers vested under J&K Agrarian Reforms

Act, 1976 and has no power or jurisdiction to evict unauthorized occupants

of state lands.

3. Heard learned counsel for the parties and perused the material on record.

4. So far as the argument of learned counsel for the petitioner with regard to

the jurisdiction of the Tehsildar Agrarian Reforms to evict unauthorized

occupants from the state land is concerned, same may not be tenable in

view of the fact that Tehsildar Agrarian Reforms has exercised the powers

of Assistant Collector Ist Class as is evident from the impugned order

dated 02.12.2002. If that be the situation, even the first relief prayed by the

petitioner cannot be granted.

5. For the foregoing reasons, I find no merit in the petition, the same is

accordingly, dismissed.

(Sanjeev Kumar) JUDGE

Jammu 05.10.2021 Angita

Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No