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2014 Supreme(J&K) 309

MUZAFFAR HUSSAIN ATTAR
Gh. Mohd. Changa – Appellant
Versus
State – Respondent


Advocates Appeared:
M.A. Qayoom, S.T. Hussain.

1. In this writ petition, the petitioners have prayed for issuance of writ of Certiorari for quashing order dated 21-08-2013, passed by District Magistrate, Anantnag, whereunder it is directed that unauthorized occupants of Plot No. 148 be evicted forthwith with further direction to Tehsildar, Pahalgam, to execute the order with police assistance, if needed; the attorney holder be put in possession of the property and the rent for the period the property was in unauthorized possession be recovered in terms of section 13 of the Jammu & Kashmir Migrants Immoveable Property (Preservation, Protection & Restrain On Distress Sales) Act, 1997 (for short Act of 1997).

2. The Court, on 31-10-2013, while issuing notice, directed that the impugned order shall remain in abeyance till next date before the bench.

3. The private respondents, through their attorney holder, have filed objections/ additional Affidavit.

4. Mr. Qayoom, learned counsel for the petitioners, submitted that one Shri Shamboo Nath Sazwal, now dead, inducted the petitioners as tenants of his shop in the ground floor and a room in the first floor, constructed on Plot No. 148, situated at Pahalgam. He further submitted that the p




























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