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1960 Supreme(J&K) 1

JANKI NATH WAZIR, K.V.GOPALAKRISHNAN NAIR
Prem Nath – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Lok Nath Sharma

K. V. GOPALAKRISHNAN NAIR, J. :

The petitioners seek a writ of certiorari or other appropriate writ, order or direction for quashing the proceedings taken by respondents 1 and 2 under the Land Acquisition Act.

(2) The petitioners were owners of a certain, land in the town of Anantnag. On a portion of the land they had built a three storeyed building with seven shops on the ground floor. The other two upper storey™s were used by them as residential quarters. On account of a fire which broke out in the Anantnag bazar in the year 1952, the building of the petitioners along with several other buildings was burnt down. The Chairman of the Town Area Committee Anantnag unauthorized allowed one Qadir Suthu predecessor-in-interest of respondents 3 to 8, to take possession of three odd marlas of the petitioners land and build on it. Ignoring the protest of the petitioners, respondent No. 3 constructed a three storeyed building on the three odd marlas of land belonging to the petitioners. Having failed to obtain redress, the petitioners served a notice on the Government under Sec. 80 of the Code of Civil Procedure on 23rd September 1953 setting out the above facts and also brought to their noti



























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