1. This petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, has been filed for issuance of a writ in the nature of certiorari quashing order dated 6th Jan`06, annexure A to the writ petition, whereby direction has been given to Tehsildar Agrarian Reforms, Qazigund, to rush to the spot immediately and remove the encroachment, if any, found on spot over land measuring 1 kanal 15 marlas under Survey No. 209, situated at Kurigam including two residential houses. Further, a writ of mandamus is also sought directing respondent No. 2 to conduct an enquiry under law before passing any order under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (hereinafter referred to as the Act).

2. The case of the petitioner is that one Trilokinath, husband of respondent No. 6-Sheela Devi and father of petitioners No. 4 and 5, was owner in possession of land measuring 1 kanal 15 marlas and two storey house tin roofed situated under Survey No. 209 at Kulibagh Kurigam, Qazigund, Anantnag, Due to the turmoil in the valley, all his kith and kins left the valley leaving Tril

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