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2018 Supreme(J&K) 472

SANJAY KUMAR GUPTA
Issa – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. V.R. Wazir, Sr. Advocate with Mr. Neeraj Magotra, Advocate.
For the Respondent: Mr. S.S. Nanda, Sr. AAG.

JUDGMENT :

1. With the consent of learned counsel for the parties, the instant petition is taken-up for final consideration.

2. In the instant writ petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K State, the petitioners, inter alia, seek the following reliefs;

(a) writ of mandamus commanding the respondent Nos.2 to 4 to process the cases of the petitioners and complete the same for conferment of ownership rights under the J&K State Lands (Vesting of Ownership Rights to the Occupants) Act of 2001 read with amended Act No.XIV of 2004.

(b) Writ of prohibition prohibiting the respondent Nos.3 to 5 from forcibly dispossessing the petitioners from the land comprising Khasra Nos.425 and 426 situated at Pargalta Sarah, Tehsil and District Samba; and

(c) Writ of certiorari quashing order if any passed by the respondent No.3 transferring the land to the respondent No.5 for construction of garbage pits/dumping ground on any portion of the land comprising Kh.No.425 and 426 situated at Pargalta, Tehsil and District Samba.

3. In this petition, it has been stated that the land comprising Khasra Nos. 425 and 426 situated at Pargalta sarah, Te


























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