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2014 Supreme(J&K) 429

M.M.KUMAR, DHIRAJ SINGH THAKUR
Ab. Rashid Wani – Appellant
Versus
State of J&K – Respondent


For the Appellant :M.A. Qayoom and Muhammad Ashraf Bhat Advocates
For the Respondents: M.A. Chashoo, AAG

JUDGMENT :

Dhiraj Singh Thakur, J.:-

1. Since in all the four writ petitions and the CSA aforementioned, the facts involved and the controversy between the parties is common, we propose to deal with them by way of a common judgment. However, we propose to briefly state the facts in each of them so that the controversy is understood and dealt with appropriately.

OWP No. 1570/2011:

CASE OF THE PETITIONERS:

The genesis of the controversy in all the aforementioned cases including the present one revolves around land measuring 6 kanals 15 marlas in plot No. 96 situate at Gulmarg, Kashmir. This land originally belonged to Thokar Nichand which was leased out to him by the Government. This property was subsequently a subject matter of sale executed by Thokar Harnam Chand on behalf of Thokar Nichand in favour of Haji Ghulam Mohammad, Haji Ghulam Nabi and Ghulam Rasool, sons of Sidiq Joo Wani and Haji Mohammad Abdullah S/o. Subhan Joo Wani R/o Karfali Mohalla, Srinagar.

2. It is stated that this plot of land measuring 6 kanals 15 marlas along with five single storied structures came to be purchased by aforementioned persons who were the predecessors in interest of the petitioners herein. Since th















































































































































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