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2012 Supreme(J&K) 11

HASNAIN MASSODI
Syed Mohd. Yousuf Razvi – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates Appeared:
Mr. H.I. Hussain, Sr. Adv. With Mr. S.M. Yusuf, Adv. for Petitioner.
Mr. A.M. Magray, Sr. AAG, Mr. S.N. Ratanpuri, CGSC vice Mr. S.A. Makroo, ASGI for Respondent.

1. The petitioners owned two houses and Cowshed in village Wata Magam, description whereof is given in para-3 of the writ petition. The houses were occupied by Border Security Force (BSF) and remained in their possession till September, 2000. Rent received on account of occupancy of the houses by Border Security Force, was sanctioned in favour of the petitioners vide Government Order Nos. 263 dated 10.10.1994 and 322 dated 28.11.1994. Though the Border Security Force vacated the houses, the petitioners were not in a position to move in for reasons, (i) that they had provided the houses to the Security Forces, and (ii) that a near-by house was occupied by Special Operation Group of the Police attacked by the militants day in and day out.

2. The petitioners' case is that the Special Operation Group and CRPF personnel demolished both the houses and Cowshed in the year 2002 and took away the building material. The petitioners claim to have approached the District Development Commissioner, Budgam with an application for redressal of their grievances and the report of the Senior Superintendent of Police, Budgam submitted to the District Development Commissioner on his asking, substantiate














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