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1980 Supreme(J&K) 11

B.A.KHAN
Ab. Rashid No. 366/CID – Appellant
Versus
State Of J. &K. – Respondent


It is all about shop NO.1142 which alongwith other shop No. 1143 existed on plot Nos. 32 & 33 (Nazool land) covering an area of 587 sq. ft. situate at Gumat Bazar, Jammu, leased out to one Narain Dass. After his death, 301 sq. of land was transferred to his son Inderjit Singh who sold both the shops to private respondents 3 & 4 herein. This was treated to be a violation of rule 7(c) of the Land Grant Rules, 1960. Accordingly case for determination of lease was examined and the land resumed vide Govt. Order No. Rev-139 of 1975 dated 6.3.1975. Pursuant thereto petitioners and private respdt No. 4 herein were put on an eviction notice under Sec, 5 of the J&K Public Premises (Eviction of Unauthorised Occupants) Act. It was in or around, this time that petitioners sought regularisation of this land in their favour either on lease basis or in ownership rights as per the provisions of Govt. Order No. Rev (NDJ) 46 of 1973 dated 28.;1.1973. Accordingly Govt. Order No. Rev {NDJ) 137 of 1979 dated 19.6.1979 was passed conferring ownership rights on the petitioners on payment of Rs.50,000 per kanal plus 25 percent as penalty. Pursuant thereto they were requred to deposit Rs.6.750.50 which they







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