Basharat Ahmad Sofi vs State of JK - 2017 Supreme(J&K) 618

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(J&K) 618

Basharat Ahmad Sofi – Appellant
Versus
State of JK – Respondent

Advocates:
Appearing Counsel:
For the Appellant(s):Mr. Mohammad Iqbal Jan, Advocate
For the Respondent Nos.1 to 6: Mr. M.A. Rathore, AAG
For the Respondent No.7:Mr. Mir Manzoor, Advocate

Judgment

Badar Durrez Ahmed, C.J.—This appeal has been filed against the order dated 31.08.2015 passed by a learned Single Judge of this Court in OWP No. 1221/2013. The said writ petition was filed by Farooq Ahmad Shah (respondent No. 7 in the present appeal).

2. By way of the said writ petition, a challenge was made to the order dated 12.08.2013 which had been passed by the District Magistrate (Anantnag) pursuant to directions of this Court in OWP No. 345/2010 and in purported exercise of powers conferred under Section 5 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales Act) 1997 (hereinafter referred to as ‘the said Act’). By virtue of the said order dated 12.08.2013, the District Magistrate, (Anantnag) ordered the removal of encroachment of whatsoever kind and to get the encroached upon land freed and handed over to the lawful purchaser after obtaining genuine documents of title. The Tehsildar (Anantnag) was authorized to execute the said order. The said order dated 12.08.2013 is set out hereunder:-

“OFFICE OF THE DISTRICT MAGISTRATE ANANTNAG

ORDER

Whereas, one Basharat Ahmad Sofi S/o Sonaullah sofi R/o Khudwai approache