1. The Subject matter between the parties in both the writ petitions is same; accordingly, I deem it proper to decide both writ petitions by the common judgment-order.

2. With the consent of the learned counsel for the parties these petitions are taken up for final disposal.

Admit.

3. Nissar Ahmad Keen, writ petitioner in OWP No. 327/2007 has prayed that official respondents be directed to consider the claim of the petitioner as an occupant in possession of land measuring 3500 SFT i.e. 14 marlas 18 SFT falling under survey Nos.105 Min, 110 Min and 111 Min situated at Nursing Garh (Shaheed Gunj) Srinagar for vesting of ownership rights in terms of the provisions of J&K State Lands (Vesting Of Ownership to Occupants) Act, 2001 (hereinafter for short as Act) and to command respondents not to dispossess the petitioner and not to cause any interference, on the grounds taken in the writ petition. Precisely the case of the petitioner is that he is in possession and occupant of the said land-subject matter of writ petition, which is State land, belonging to Nazool Department. The Government-Department allotted and leased out the said land in the year 1950 to Shri P.N. Koul (Talib). Petitioner came in possession of the said land in terms of the lease deed executed in his favour and registered by Sub Registrar Srinagar and continues to be in possession. Petitioner has also raised construction on the said land which still exists on spot.

4. In 2001 Govt. passed the Act 2001 which provides for grant of ownership rights to the persons-occupants who are in possession of the land defined in the said Act. Accordingly petitioner laid a motion before the competent authority for grant of ownership rights for the said land. The said motion was complete in all respects. Srinagar Development Authority and Municipal Corporation who are not party to the writ petition, illegally and arbitrarily tried to cause interference with his possession constraining him to file a civil suit for grant of decree of declaration, permanent injunction against State and Srinagar Development Authority and Municipal Corporation. The said suit is still pending. It is also averred that respondents have not decided the case of the petitioner in terms of the Act and have delayed the matter which has caused serious prejudice to the legal and constitutional rights of the petitioner. In nutshell the petitioner has prayed that respondents be directed to consider his case and make a decision in terms of the provisions of the Act.

5. The petitioner filed writ petition against respondents 1-5 i.e. Revenue Department and Nazool Department. Abdul Majid Ahanger, respondent No. 6 filed an application and came to be arrayed as party vide order dated 4th of October, 2008.

6. Respondents 1-5 have resisted the petition on the ground taken in the reply. Virtually the respondents have admitted that petitioner has laid a claim for vesting of ownership rights in terms of the Act which is still pending adjudication. Further it is averred that Attorney Holder Shri Abdul Majid has also made a claim for said land being attorney holder of Sh. P.K. Koul. It is also admitted that some mutations came to he passed which came to be stayed and kept in eclipse by Divisional Commissioner- respondent No. 2 vide order No. 42/N-DIVK of 2008 dated 15th of April, 2008. It is apt to reproduce the relevant Para of the reply herein:-

"Now at this stage the present petitioner is seeking Vesting of ownership rights under the Act claiming that he was in possession of the land on the crucial date and on the other hand attorney of ex-lessees are also claiming the ownership rights over this piece of land as the strength of their power of attorney executed in their favour by the ex-lessee, claiming that this piece of land has been in the lease hold rights of their principal, who had temporarily sublet the piece, of land in favour of the petitioner."

7. Respondent No. 6 has resisted the petition on the ground that 4 kanals and 7

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