Mehrajuddin Malik vs Union Territory Of J&K And Others
2024 Latest Caselaw 1626 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mehrajuddin Malik vs Union Territory Of J&K And Others on 25 October, 2024

Author: Wasim Sadiq Nargal

Bench: Wasim Sadiq Nargal

                                                      Serial No. 170
                                                Supplementary Cause List-I

        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR

                             WP(C) 2448/2024
                             CM(6601/2024)
Mehrajuddin Malik.                                                 ...Petitioner(s)

Through: Mr. M. Amin, Advocate.

                                     Vs.

Union Territory of J&K and Others.                               ...Respondent(s)

Through:

CORAM:
          HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
                                  ORDER

25.10.2024

Petitioner through the medium of the instant petition has called in question the impugned communication which according to the petitioner has been issued by the respondents in ahot haste manner, without perusing the documents and the judgment passed by the court of learned Sub Judge Baramulla, whereby the respondents have contested the said case/suit before the court below and a decree has been passed in favor of the erstwhile owners, against the respondents, who have been interfering into the land of the plaintiff comprising of 20 kanals under survey Nos. 801, 802, 803, 804 situated at village Takisultan Baramulla.

Learned counsel further submits that the court of learned Sub Judge, Baramulla,has passed the decree declaring the erstwhile owners as the owner in possession of the said land and the respondents herein have been permanently restrained from causing any interferencein the peaceful possession of the suit land. It has been further urged by the learned counsel for the petitioner that the respondents have neither filed any appeal with respect to the decree and the erstwhile ownershave since transferred the suit property in favor of the petitioner, which hasalso not been challenged by the respondents. However, the respondents without corroborating material facts on record have issued the impugned communication which is liable to be quashed. The impugned communication is violative of the principles of natural justice and no opportunity has been provided either to the petitioner or to the erstwhile owners before passing the impugned communication and, thus, the same cannot sustain the test of law and liable to be quashed.

Heard learned counsel for the petitioner at length and perused the material on record.

Issue notice to the respondents, returnable within a period of four weeks.

Requisite steps be taken within one week.

List on 04.12.2024.

In the meantime, subject to objections from other side and till next date of hearing, status quo with respect to the land in question shall be maintained.

Alteration, modification, vacation on motion.

(WASIM SADIQ NARGAL) JUDGE SRINAGAR:

25.10.2024 "ARIF"