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2009 Supreme(J&K) 125

BARIN GHOSH, VIRENDER SINGH
Residents Of Channi Himmat – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: R.K. Gupta
Advocate For Appellant: S.K. Shukla
Advocate For Respondent: Seema Sheikher
Advocate For Respondent: K.S. Johal
Advocate For Respondent: D.S. Chouhan
Advocate For Respondent: Pavit Singh Katoch
Advocate For Respondent: N.A. Choudhary

Barin Ghosh, CJ.

1. By the judgment and order under appeal in these two appeals, two writ petitions have been dismissed. These two writ petitions addressed the same cause. We have, therefore, heard both the appeals analogously with the consent of the parties appearing before us.

2. The judgment and order under appeals dealt with three writ petitions: one filed by the private respondent in these appeals and the two others by the appellants in these two appeals. For the reasons separately recorded, while the writ petitions filed by the appellants in these appeals were dismissed, the writ petition filed by the private respondent in these appeals was allowed.

3. The private respondent in these appeals contended in the writ petition filed by him that he is running an educational institution from a Wakaf property wherefrom he has been directed to be evicted by an order dated December 27, 1995 passed by the Authority constituted by the J&K Wakafs Act, 1978; as a result the private respondent preferred an appeal before the J&K Special Tribunal against the said order of eviction and therein prayed for stay of the order of eviction which was granted on January 9, 1996. It was contended that, by













































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