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2007 Supreme(J&K) 63

NIRMAL SINGH, HAKIM IMTIYAZ HUSSAIN
State Of J. &K. – Appellant
Versus
V. K. Pachnanda (Dr. ) – Respondent


Advocates Appeared:
Advocate For Appellant: A.H. Qazi
Advocate For Respondent: R.K. Gupta

1. This appeal is directed against the judgment of learned Single Judge in OWP NO. 283/05 titled Dr. V.K. Pachnanda v. State of J&K & Ors. dated 10.5.2006 by means of which the Writ Court has directed the appellants to grant proprietary rights to the respondent in respect of land measuring 3 kanals 1 marla and 24 Sqft situated Ahata Kalan Telephone Exchange Road, Jammu. The brief facts relevant for the disposal of this appeal are as under:-

2. State land measuring 2 kanals and 14 marls and 54 Sft. were given on lease to one Dr. Ram Singh Pachnanda in the year 1942 on the payment of premium and ground rent. Later by means of a subsequent order an additional area of 6 marlas and 242 Sft was also given to him for commercial purposes. Thus land measuring 3 kanals and 1 marla and 24 Sft. came into the possession of Dr. Ram Singh Pachnanda under Wadiars Rules . After his death, the wasidars rights were transferred in favour of his wife Smt. Savitri Devi Pachnanda vide mutation No. 97 and on the death of Smt. Pachnanda, lease hold rights were transferred in favour of her son Dr. V.K. Pachnanda-the present respondent. In the year 1981 the Government vide order No. Rev/NDK/248 of 1981 dated







































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