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2016 Supreme(J&K) 408

N.PAUL VASANTHAKUMAR, DHIRAJ SINGH THAKUR
Daya Krishen Wali – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant : P.N. Raina, J.A. Hamal
For the Respondents: Vipan Gandotra

JUDGMENT :

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 app























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