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2018 Supreme(J&K) 929

SANJEEV KUMAR
Shafiq Ahmad Shah – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant :Mr. Rizwan ul Zaman Bhat, Advocate.
For the Respondent:Mr. Z.A. Shah, Sr. Advocate with Mr. Hanan, Advocate Mr. N.H. Shah, AAG.

JUDGMENT :

1. Petitioner is aggrieved of and seeks quashment of Order no.98 of 2016 dated 13th June 2016 (Annexure D with writ petition) passed by Custodian General, J&K, Srinagar (respondent no.2), leasing out evacuee land measuring 10 Marlas comprising Khasra no.51 belonging to Main Sulaiman Asif, situated at Village Sangam District Anantnag, in favour of Shabir Ahmad Itoo and Abdul Basit Dar (respondents 9 & 10). He also seeks quashment of lease agreement dated 28th November 2016 (Annexure D with petition), lease deed (Annexure H with petition) as also NOCs (Annexure F&J with petition). A direction is also sought in the name of respondents to issue public notice for making fresh allotment of the land in question and to allot the same to highest bidder in public auction and respondents 5&6 not to allow respondents 7 to 10 to make any construction on land in question.

2. Reply has been filed by respondents 2, 3&4, in which they insist that land in question is “Maidani” and not agricultural. It has been leased out to respondents 9&10 for a period of 40 years in light of new policy/guidelines in vogue and on the terms and conditions contained in impugned order.

3. Respondents 7&8 (J&K















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