Shadi Lal Kanth(Senior Citizen) vs Doifode Sagar Dattatray
2025 Latest Caselaw 177 J&K/2

Citation : 2025 Latest Caselaw 177 J&K/2
Judgement Date : 2 June, 2025

Jammu & Kashmir High Court - Srinagar Bench

Shadi Lal Kanth(Senior Citizen) vs Doifode Sagar Dattatray on 2 June, 2025

                                                               S. No. 29
                                                               Regular list
         HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR
                        CCP(S) 47/2022 in[WP(C) 216/2020]

     SHADI LAL KANTH(SENIOR CITIZEN)                ...Petitioner(s)/Appellant(s)

     Through: Mr. Touseef Ahmad, Advocate.
                                        Vs.

     DOIFODE SAGAR DATTATRAY                                      ...Respondent(s)

     Through: Mr. Waseem Gul, GA.

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

02.06.2025

1. The instant petition arises out of the Order/Judgment passed by this

Court dated 24.08.2021 in WP(C) No. 216/2020 by virtue of which, the

writ petition preferred by the petitioner was disposed of with the

direction to the District Magistrate, Kupwara, to take appropriate action

in the matter in tune with the mandate of Sections 4 & 5 of the Majju

& Kashmir Migrant Immovable Property (Preservation, Protection and

Restraint on Distress Sales ) Act, 1997 preferably not later than three

months from the date of receipt of the said order.

2. Since the aforesaid order was not complied with within the period

granted by this Court, the instant petition was preferred in which the

notice was issued on 02.03.2022 and compliance report stands filed on

behalf of the respondents

3. The respondents have taken a specific stand that the claim of the

petitioner has been accorded due consideration in terms of the aforesaid order and detailed consideration order also stands issued vide order No.

DCK/LS/ALO/480-83 dated 30.07.2024, which has been placed on

record along with the compliance report.

4. From a bare perusal of the detailed order of consideration, it is apparent

that the claim of the petitioner in terms of the aforesaid order/judgment

dated 24.08.2021 has been accorded due consideration and operative

para of the order is reproduced hereunder:

"Now therefore, in view of above facts and circumstances of the case, this office on according consideration to the claim of the petitioner in terms of Hon'ble High Court order dated 24.08.2021, the recorded migrant land

marlas, under survey No. 477 new(old-70 min)

min) 02 ½/ Marlas has been placed under superdnama in terms of mandate of section 4 and 5 of the Jammu And Kashmir Migrant Immovable Property (Preservation, Protection And Restraint On Distress Sales) Act, of 1997 and the claim of petitioner in respect of other survey No's mentioned in the order dated:24.08.2021 passed by Hon'ble High Court is not supported by the revenue record, as such claim of petitioner in respect of land which is not recorded in the name of petitioner, is devoid of any merit and is accordingly rejected."

5. By virtue of the aforesaid order, it has come to fore that the recorded

migrant land under survey No. 340 new (old 109 min) measuring 04

marlas, under survey No. 477 new (old-70 min) measuring 04 marlas, and under survey No. 479/1 new (old 57 min) measuring 02½ marlas

has been placed under superdnama in terms of Sections 4 and 5 of the

Jammu and Kashmir Migrant Immovable Property (Preservation,

Protection and Restraint on Distress Sales) Act, 1997. The claim of the

petitioner in respect of other survey numbers is not supported by the

revenue record and has rightly been rejected.

6. Learned counsel for the respondents submits that all steps as directed

by this Court have already been taken in compliance with the judgment

passed and prays that the proceedings in the contempt petition be

closed.