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2021 Supreme(J&K) 213

SANJAY DHAR, PANKAJ MITHAL
Bashir Ahmad Fargodoo – Appellant
Versus
State of Jammu & Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.A. Qayoom, Advocate.
For the Respondent: Mr. D. C. Raina, AG, with Mr. Sajad Ashraf, GA

JUDGMENT :

Pankaj Mithal, J

1. The petitioner/appellant has preferred this Letters Patent Appeal questioning the correctness of the judgment and order dated 19.12.2018 passed by the learned Single Judge dismissing his OWP No.530 of 2011 : Bashir Ahmad Fargodoo v. State of Jammu and Kashmir and others.

2. The petitioner/appellant had invoked the writ jurisdiction of this Court alleging that his father Abdul Aziz Fargodoo owned and possessed 8 kanals and 19 marlas of land falling under survey/khasra no.209 in Village Laripora, Pahalgam District Anantnag. The said land was purchased by his father sometime in the year 1969 and he continued to be in possession till 1978. Thereafter, it was occupied without his consent by the Sher-i-Kashmir University of Agriculture Sciences and Technology (SKUAST). The said land was notified to be acquired by notification dated 4th June, 2004 issued under Section 4(1) of the Jammu & Kashmir Land Acquisition Act for expansion of Pahalgam Golf Course but subsequently vide notification dated 17.02.2005 it was de-notified from acquisition, however, the subsequent notices issued under Section 9 and 9(A) again reflected that the aforesaid land is under acquisiti

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