SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1972 Supreme(J&K) 38

MIAN JALAL-UD-DIN
Kesho Nath Bakshi – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Kesho Nath Bakshi
Advocate For Respondent: Amar Chand Vaid

1. This is a writ petition filed by Kesho Nath Bakshi praying for issuance of a writ of certiorari and mandamus and for declaring Act No. XXXIII of 1966 void with the further prayer to ask the competent authority to proceed with the revenue case Badri and others Vs. Jethu and others pending with the Assistant Commissioner, Jammu.

2. The petitioner has averred that he is a retired Government servant. He, in order to make his two ends meet applied for ejectment of tenants at will and protected ones on the ground of personal cultivation as provided under section 49 of the Jammu and Kashmir Tenancy Act of 1980. The case was being tried by the Assistant Commissioner Jammu when under an Ordinance followed by an Act in the Assembly the hearings in such cases were stayed in the year 1966. The stay proceedings for ejectment, it is averred, affects the fundamental rights of the petitioner in as much as it interfere with his rights to use the property and right to follow any occupation or trade and also the right to live. The order was passed maliciously in order to deprive the peti­tioner of his rights and this has created bad blood amongs the landlord and the tenants.

3. The State has file








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top