1. By the medium of this writ petition, petitioners have prayed for issuance of writ of certiorari, quashing the order dated 11th June, 2005, passed by respondent No.2, hereinafter for short impugned order on the grounds taken in the writ petition.

2. Respondents have filed reply. Learned counsel for petitioner argued that the property in question is not migrant property, thus Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, hereinafter for short the "Act" was not applicable. While developing the arguments, argued that the impugned order has been passed without jurisdiction and power. The respondent No.2 arbitrarily and erroneously held that property in question is migrant property.

3. Learned counsel for respondent argued that property in question is a migrant property and provisions of the Act are applicable.

4. Heard. Admit.

It appears that petitioner had already filed OWP 211/03 which came to be disposed of vide order dated 03.03.2005. It is profitable to reproduce the said order herein, which read as under:-

"Heard. Admit.

By consent of the parties, this matter is taken up for final disposal. Writ petition questions the order passed by the Deputy Commissioner Srinagar empowering the Tehsildar Settlement Srinagar to resort to eviction and put the rightful owner into possession. Contention of Mr. N.A.Beigh is that protection provided to the migrants in respect of their property by dint of statute has to be implemented. Responding to the contention, learned counsel for the petitioners submits that the power of attorney has ceased to be in force. In so far as power of the Deputy Commissioner in terms of relevant provisions of Act goes, no restriction can be placed on him for exercising such power. As regards objection of the learned counsel about the power of attorney, nothing prevents him to urge it. Since direction for eviction and delivery of possession has been passed in a very mechanical manner, the communication is not sustainable, it has to go. Nonetheless, the petitioners cannot have a license to maintain the encroachment upon migrants property and if at all it is a fact, such aspect has to be taken care of by the authority competent. In the aforementioned backdrop, this writ petition is disposed of along with CMPs in the following terms: "The Deputy Commissioner Srinagar shall deal with the matter on the touch stone of the law governing the field and shall decide the matter as expeditiously as possible."

5. It appears that matter came up before District Magistrate (Deputy Commissioner) Srinagar, in terms of order dated 3rd of March, 2005 passed by this Court, referred hereinabove, who passed the impugned order..

6. It is profitable to reproduce relevant portion of the impugned order herein, which reads as under:-

"Whereas the parties were again summoned non-applicants failed to appear in this court on the various dates fixed for the case.

Case came up for hearing on 28.5.2005. After taking into consideration the arguments on behalf of counsel fo Sanaullah Makroo and after examining the whole case and perused the records. The orders passed by this court dated; 05.07.2001 is up held.

Let the Tehsildar Srinagar along with the concerned SHO proceed on spot and evict the illegal occupation under law and handover the possession of the land to the rightful owner (Sanaullah Makroo) after examining revenue records and spot, compliance report should reach to this office within 15 days."

7. Respondent no.3 was under legal obligation to pass detailed order in terms of direction passed by this Court. But Deputy Commissioner, Srinagar, commanded Tehsildar, Srinagar, to evict the illegal occupation under law and handover the possession of land to the rightful owner (Sonaullah Makroo). This direction runs contrary to the order passed on 5th July, 2001. It is useful to reproduce relevant portion the order dated 5th July, 2001, herein, which reads as under:-

"You are as such directed

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