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2019 Supreme(J&K) 163

ALI MOHAMMAD MAGREY
Mohammad Amin Khan – Appellant
Versus
State of J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. M. Moomin Khan, Advocate
For the Respondent Nos.1 to 4: Mr. Irfan Andleeb, Dy. AG
For the Respondent Nos.5 to 8: Mr. N. H. Shah, AAG

Judgment

This petition is founded on the historical events of land reforms that followed the first ever land settlement in the State of Jammu and Kashmir in general and the Valley of Kashmir in particular. The petitioners claim ownership and peaceful possession of just 1 Kanal and 1 Marla of land, duly fenced, comprised in Khasra nos.1594 and 1595 situated in Estate Narsinghar, Tehsil Shehr Khas at Rambagh Bala, Srinagar, having inherited the same from their ancestors, and their claim is founded on the aforesaid historical facts and events. They have prayed for, inter alia, a mandamus, declaring that they have a right to enjoy ownership and peaceful possession of the land, and that the respondents cannot dispossess them from the said land without acquiring the same and paying them compensation in accordance with law.

2. Petitioners” case is that at the time of the first ever land settlement conducted in Shehr Khas, Srinagar, around the year 1891 AD, during the rule of late Maharaja of the State, under the supervision of Sir Walter R. Lawrence, their ancestors, namely, Abdul Aziz Khan and his co-sharers (for brevity hereinafter referred to as the petitioners” ancestor) were in self




























































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