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2002 Supreme(J&K) 143

NISAR AHMAD KAKRU
Gh. Mohd. Patigaroo – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: B.A. Dar

The respondent No. 5 owned a four storeyed building called "New Light Hotel" comprising several shops situated at Sopore near main chowk out of which four shops were under the use and occupation of the petitioners in the capacity of tenants as contended in the writ petition. The building is said to have gutted in a devastating fire on the intervening night of 28th and 29th of September, 2001 terminating the tenancy. Thereafter the parties appear to have entered into an agreement on 12/10/2001 agreeing therein to revive the tenancy. It is this agreement which is relied upon by the petitioners to seek a restraint to be placed on the respondent No. 5 from reducing the dimension of the shops with further prayer to command the said respondent to adhere to the site plan issued by the respondent No. 3. A direction is also sought against the respondent No. 5 to hand over the possession of four shops to the petitioners.

2. Apparently a civil dispute is sought to be adjudicated upon by invoking the extra ordinary writ jurisdiction and to bring the dispute within the ambit of the special jurisdiction of this court the petitioners have averred at page 6 of the writ petition :

" ....... If the re













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