Shams Ud Din Shah And Anr vs Ut Of J&K And Ors
2023 Latest Caselaw 879 j&K/2

                                                        13
                                                        Regular matter
          HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                     AT SRINAGAR
                                                             WP(C) No. 2740/2021

Shams ud din Shah and anr.
                                                               .....Petitioner(s)

                            Through:       Mr. Hakeem Suhail Ishtiyaq, Adv.
          V/s
UT of J&K and Ors.                                             ..... Respondent(s)

                            Through:       Mr. Mubeen Wani, Dy. AG
CORAM:
                Hon‟ble Mr. Justice Sanjay Dhar, Judge.

                                       ORDER

02.08.2023 Having regard to the controversy projected in the writ petition which relates to the alleged interference by the respondents in the possession of the petitioners over the land measuring 02 kanals and 19 marlas in Khasra No. 139 of Mouza Dudwan, Tehsil and District Kupwara that has been admittedly vested in the petitioners in terms of J&K State Land (Vesting of Ownership to Occupants) Act, 2001 and the Division Bench Judgment of this Court passed in PIL No. 19/2011 whereby the aforesaid Act has been declared as ultra vires with retrospective effect, this petition can be disposed of at this stage in terms of the interim order passed by this Court on 29.12.2021.

Accordingly, it is provided that in case the respondents desire to evict the petitioners from the property in question, the same shall be done only in accordance with law and in accordance with judgment passed by the Division Bench of this Court in PIL NO. 19/2011 Disposed of as above.

(Sanjay Dhar) Judge SRINAGAR 02.08.2023 "Aasif"