Jammu & Kashmir High Court - Srinagar Bench
Ghulam Mohammad Bhat vs State Of J&K & Ors on 28 October, 2021
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\Item No.28
Advance List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
OWP No.781/2018
Ghulam Mohammad Bhat ...Petitioner(s)
Through: Mr. Rouf Ahmad Parray, Advocate.
Vs.
State of J&K & Ors. ...Respondent(s)
Through: Mr. Shakir Haqani, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
(ORDER)(ORAL)
28.10.2021
1. Petitioner has filed the instant petition challenging order bearing
No.DCB/SQ/2007/Roshni/53538 dated 15.11.2007, issued by
respondent No.3, whereby order for conferment of ownership rights
upon respondent No.7 under Section 8(3) of the J&K State Land
(Vesting of Ownership Rights) Act, 2001, for the land measuring 2
kanals comprised in Khasra No.896-min at Village Karewa Damodar
Tehsil Budgam, has been issued.
2. It is the case of the petitioner that an agreement to sell dated
22.04.2004 was executed by owner of land measuring 9 kanals under
survey Nos.2812/896( 4 kanals) and 2848/986(5kanals) situated at
Karewa Damodar. it is the further case of the petitioner that out of these
9 kanals, the vendor did not execute the sale deed for 4 kanals of land,
MOHAMMAD ALTAF BHAT
as a result of which petitioner had to file a suit for specific performance
2021.10.29 14:38
I attest to the accuracy and
integrity of this document
of agreement to sell, declaration and permanent injunction against the
vendor as well as against respondents No.7 and 8, who were in
occupation of 2 kanals of land out of aforesaid land. The suit was
decreed by learned Principal District Judge, Budgam, vide his judgment
and decree dated 31.07.2013. The petitioner applied for execution of
the aforesaid judgment and decree but during the course of execution
proceedings, it came to the fore that out of the land measuring 4 kanals
under survey No.896, 2 kanals of land are in possession of respondents
No.7 and 8, in respect whereof the impugned order has been passed by
respondent No.3, whereby ownership rights have been conferred upon
respondent No.7.
3. Reply to the writ petition has not been filed by the respondents.
4. Heard and considered.
5. The impugned order has been passed by respondent No.3 in
terms of provisions of the J&K State Land (Vesting of Ownership
Rights) Act, 2001. The aforesaid Act has been repealed and declared as
void ab initio with retrospective effect in terms of the judgment of this
Court in PIL No.19/2011 titled Prof. S. K. Bhalla vs. State of J&K
& Ors. decided on 09.10.2020. Thus, the impugned order has become
a nullity in the eyes of law. The petitioner is, therefore, at liberty to get
the judgment and decree dated 31.07.2013 passed by learned Principal
District Judge, Budgam, executed against the respondent No.7 who is
alleged to be in occupation of the part of land which was subject matter
MOHAMMAD ALTAF BHAT
2021.10.29 14:38
of the suit, notwithstanding the conferment of ownership rights upon
I attest to the accuracy and
integrity of this document
him under the J&K State Land (Vesting of Ownership Rights) Act,
2001.
6. The petition stands disposed of in above terms.
(Sanjay Dhar)
Judge
Srinagar
28.10.2021
"Bhat Altaf, PS"
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
MOHAMMAD ALTAF BHAT
2021.10.29 14:38
I attest to the accuracy and
integrity of this document
