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 petitioners are running the shop under the name and style of M/s. Pahalgam Arts. In order to buttress his argument, learned counsel referred to the documents enclosed as annexure (A) to the writ petition. Learned counsel further submitted that one Shri Inder Mohan Harkar, attorney of Shri Somnath, filed OWP 74/2008 qua the property, which is subject maTter of this writ petition but the said petition was dismissed by the Court on 14-09-2009. Learned counsel further submitted that two sons of late Shri Shamboo Nath Sazwal, respondents 4&5 in this petition, filed OWP 354/2005 before the Jammu Wing of this court, praying therein that respondents 1&2 - State of J&K through Financial Commissioner and District Magistrate, Anantnag, be asked to direct respondents 3 to 5 to surrender the possession of the share of three storeyed building situated at main market, Pahalgam, being illegally and unauthorizedly occupied by them without consent of the petitioners therein. Further reliefs were also sought in the writ petition. Learned counsel produced certified copy of the writ petition (OWP 354/2005) at the time of hearing of the case, which was ordered to be taken on record. Learned counsel submitted that the Court, in the above writ petition, directed the District Magistrate, Anantnag, to conduct enquiry and submit report. Learned counsel submitted that after conducting the enquiry, the District Magistrate reached to conclusion that the petitioners are not unauthorized occupants of the property but are tenants of the same. Mr. Qayoom submitted that after receipt of report from the District Magistrate, the writ petitioners in OWP 354/2005, viz., sons of late Shri Shamboo Nath Sazwal, withdrew the first relief so for as it related to the petitioners and by virtue of Court order dated 02-02-2010, the petitioners were deleted from the array of respondents. Learned counsel further submitted that OWP 354/2005 was disposed of by the Court vide order dated 10-07-2013, directing the Deputy Commissioner, Anantnag, to look into the grievances projected in the writ petition and take action in the facts and circumstances of the case. The order was hedged with the condition that action shall be taken after affording opportunity of hearing to the parties to project their respective stands.

5. Mr. Qayoom further submitted that without putting the petitioners on notice and without affording them opportunity of hearing, the District Magistrate passed order dated 21-08-2013, which is called in question in this writ petition. Learned counsel further submitted that initially the statutory Appeal was filed against the eviction order dated 21-08-2013 passed by the District Magistrate, Anantnag. Learned counsel submitted that an Application seeking withdrawal of the Appeal was filed befor

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