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2008 Supreme(J&K) 247

MOHAMMAD YAQOOB MIR
Gh. Qadir Wagay – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Muzaffar Hussain Attar
Advocate For Respondent: G.A. Lone
Advocate For Respondent: M. Amin Parray

1. State land measuring 2 kanals and 6 marlas covered by survey No. 1895 (1 kanal 6 marlas) and survey No. 1896 (1 kanal) situated at village Qasba Baghat Anantnag is bone of contention in between the parties.

2. According to petitioner the land is recorded as `Gair Mumkin Ada in the revenue records, vehicles are being plied to different routes from the said bus stand. The area is being continuously used as parking place and operational place known by the name Kukernag-Verinag bus stand, Achabal Ada Anantnag.

3. According to the appearing counsel for the respondent No.3 the land in question including other land and the structures standing thereon, basically is in possession of the respondents 2 and 3 i.e. Town area committee, however, same is being used as bus stand. Neither the petitioner nor the respondent No.4 can claim ownership rights.

4. According to the appearing counsel for the respondent No.4 the land in question alongwith other patches of land covered by survey No. 1895/1 (5 marlas), 3816/1896 (3 marlas) 1897 min (9 marlas) 2853/1893 min (15 marlas) and 2854/1893 min (16 marlas) has been under the use and occupation of Tonga drivers, who were running their Tongas to various































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