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2018 Supreme(J&K) 332

DHIRAJ SINGH THAKUR
Smt. Shyama Koul – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Nazir Ahmad Bhat, Advocate.

JUDGMENT :

1. Petitioners challenge the order dated 18th April, 2018, passed by the Financial Commissioner (Revenue) and order dated 19th March, 2016 passed by the District Magistrate, Srinagar.

2. Case of the petitioners, as set up in the petition, is that the predecessor in interest of the petitioners had purchased 10 marlas of land at Pulwama vide sale deed dated 18th September, 1988, in regard to which a mutation was duly attested. It is stated that due to disturbed conditions in the Valley, the petitioners migrated to Jammu which gave an opportunity to the respondents to unlawfully usurp 90 feet of land out of the 10 marlas of land purchased by the predecessors in interest to the petitioners. It was stated that an application was moved by the petitioners before the concerned District Magistrate under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, for recovery of the encroached land. It was further urged that the District Magistrate did not deal with the matter in a judicious manner. It was stated that the District Magistrate relied upon some demarcations which was conducted earlier and proceeded to hold that




















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