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2021 Supreme(J&K) 137

SANJAY DHAR
Ghulam Din Chichi – Appellant
Versus
State of J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. R.A. Jan, Sr. Advocate with Mr. Taha Khalil, Advocate
For the Respondent(s): Ms. Asifa Padroo, AAG

Judgment

Sanjay Dhar, J.—Petitioner seeks a direction against respondent No.4 to 9 declaring their attempts to take over the possession of the property comprising house with land underneath and appurtenant thereto measuring 12 kanals 10 marlas falling under Khasra No.2909/1500 situated at Saidpora Herpora Tehsil and District Shopian, as illegal and unlawful. A further direction restraining the said respondents from demolishing and/or interfering in petitioner’s peaceful enjoyment, use and occupation of the aforesaid property, has also been sought.

2. The case of the petitioner is that he is in lawful possession and occupation of land measuring 12 kanals 10 marlas falling under Khasra No.2909/1500 situated at Herpora Saidapora Shopian, in terms of judgment and order dated 18.04.2002 passed by Collector, Agrarian Reforms, Shopian, in exercise of powers vested in him under Agrarian Reforms Act. It is averred that previously, petitioner had filed a writ petition bearing OWP No.499/2010 and an interim direction was issued by this Court in the said petition on 26.05.2010 whereby respondents were directed not to interfere with the possession of the petitioner over the land in question.

3.

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