Disputed questions of fact regarding lease hold rights and property dispute cannot be entertained in writ proceedings under Article 226 of the Constitution of India.

N. Paul Vasantha Kumar, J.

1. This letters patent appeal is preferred against the order made in OWP No. 318/2002, dated 01.06.2016, dismissing the writ petition filed by the appellant seeking to quash Govt. Order No. 4-TSM of 2000, dated 17.01.2000, whereby the lease hold rights of land measuring 9 kanals and 10 marlas under Hut No. 200, over which Golf View Hotel is constructed at Gulmarg (Kashmir) have been transferred in favour of Respondent Nos. 4, 5 and 6 and for directions directing the official respondents to accept the recommendations of the Chief Executive Officer, Gulmarg Project Organization dated 28.05.1982, recommending the lease in favour of the appellant. According to the appellant, the land in question was transferred on lease basis in favour of his father, namely, Shamboo Nath Wali and two other partners, over which they constructed Golf View Hotel. Later on, two partners withdrew from the partnership and in their place one Kundal Lal Koul was inducted as a partner. It is claimed by the appellant that his father Sh. Shamboo Nath Wali by a deed of settlement transferred half of the hotel in favour of the appellant with all rights and also authorized the appellant to get the same transferred in his name along with the land appurtenant to his share. The deed of settlement was registered by a registered deed dated 04.07.1975. It is claimed by the appellant that thereafter he purchased the remaining portion of the Golf View Hotel from Kundal Lal Koul by virtue of sale deed dated 08.01.1982. Thus, he claimed that he became the absolute and sole proprietor of the said hotel. The lease granted with respect to the land in question having expired, the appellant applied for renewal of the same before the competent authority and the Chief Executive Officer, Gulmarg Project Organization, Tangmarg by communication dated 28.05.1983 recommended to the Secretary to Government, Housing and Urban Development Department for renewal of the lease in his favour. The Secretary to Government instead of renewing the lease hold rights in respect of the land in question in favour of the appellant, by order dated 17.01.2000 transferred the lease hold rights in favour of Respondent Nos. 4, 5 and 6 on the basis of a will allegedly executed by the father of the appellant. It is the contention of the appellant that the Golf View Hotel had been illegally occupied by the nephews of the appellant i.e. Respondent Nos. 4 and 5 herein, in his absence when he was serving in Nuclear Fuel Complex, Department of Atomic Energy, Hyderabad. His further contention is that the will allegedly executed by his father in favour of Respondent Nos. 4 to 6 is not genuine and it is a fake one created to grab the property of the appellant. Another contention of the appellant is that no notice was issued before changing or altering the existing lease hold rights to Respondent Nos. 4 to 6 and the recommendations made by the Chief Executive Officer was also ignored. Therefore, the said order grating lease/renewal of lease in favour of Respondent Nos. 4 to 6 is liable to be set aside with a direction to the Government to extend the lease in favour of the appellant based on the recommendation of the Chief Executive Officer.

2. The said prayer was opposed by Respondent Nos. 4 to 6 stating that a family dispute arose even during the life time of the original lessee, namely, father of the appellant and grandfather of Respondent Nos. 4 and 5. Therefore, said Shamboo Nath Wali by settlement deed dated 23.11.1982 debarred the appellant from the share of hotel Golf View and nominated his other son, namely, Girdhari Lal Wali, who is father of Respondent Nos. 4 & 5, to succeed the property in question. Subsequently as per settlement deed dated 03.06.1986 registered with Sub-Registrar, Srinagar on 10.09.1986, Respondent Nos. 4 to 6 were declared to be legal heirs of late Shamboo Nath Wali as regards the property in question. The said Girdhari Lal Wali died on 13.09.1991 at