Allaudin Peer (Shah) And Anr vs U.T Of J&K And Ors
2022 Latest Caselaw 652 j&K/2

                                                          S. No. 106
                                                          Supplementary list 1
      IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                         AT SRINAGAR

                              WP(C) 1011/2022
                               CM 2522/2022

 Allaudin Peer (Shah) and Anr.                                ...Petitioner(s)

 Through: Mr. Shah Amir, Adv.

                                      Vs.

 U.T of J&K and Ors.                                        ...Respondent(s)

 Through: None

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

                                   ORDER

20.05.2022

The petitioners claim that they are in possession of State land

measuring 5 Kanals and 16 Marlas under survey No. 737 at Tulwari in

District Kupwara. He submitted that the ownership for the aforesaid land

was conferred upon the petitioners in terms of Section 6(2) of the Jammu

and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001 &

the Rules framed thereunder on 30th October, 2007. However, in view of the

judgment passed by the Division Bench of this Court on 9th October, 2020,

the Act of 2001 has been held ultra-virus the Constitution and State land

under occupation of various persons has been directed to be retrieved.

Learned counsel for the petitioners submits that the aggrieved occupants of

State land have approached the Division Bench and have filed various

review petitions, and that the matter is sub-judicious.

Heard learned counsel for the petitioners and perused the material on

record.

Issue notice to the respondents in the Main as well as in CM

returnable within four weeks.

Requisite steps for service within two weeks.

List on 02.09.2022.

In the meanwhile, subject to objections and till next date of hearing

before the Bench, the petitioners shall not be evicted from the subject land,

otherwise than in accordance with the directions contained in the judgment

passed on 09th October, 2020, passed by the Division Bench of this Court in

PIL No. 19/2011

(SANJEEV KUMAR) JUDGE

SRINAGAR 20.05.2022 "Mir Arif"