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2022 Supreme(J&K) 108

VINOD CHATTERJI KOUL
Mohd Ashraf – Appellant
Versus
State of J&K – Respondent


Advocate Appeared:
For the Petitioner:Mr. F.A. Natnoo, Advocate
For the Respondent:Mr. S.S. Ahmed and Mr. Rahul Raina, Advocates

JUDGMENT :

Vinod Chatterji Koul, J.-In this writ petition, the petitioner is seeking the following relief:

    i. Writ of Certiorari quashing notification issued under SRO 351 dated 23.08.1982 by respondent no.1 under endorsement no. CMS(Auqaf)37/82 dated 23.08.1982 to the extent it pertains to notification and publishing of land measuring 18 Marlas falling under Khasra no.1007 in Doda City, Tehsil Doda.

ii. Writ of Prohibition restraining the respondents from charging any rent/premium from the petitioner in respect of land measuring 18 Marlas falling under Khasra no.1007 situated at Doda City, Doda.

iii. Writ of Mandamus commanding the respondent to conclude the process of the denotification of land measuring 18 Marlas falling under Khasra no.1007 of Doda City from Wakf property initiated in the year 1992.

2. The aforesaid relief is sought on the ground that on 07.11.2005 Bikrami, one Haji Ghulam Mohd. Bhat purchased a piece of land measuring 18 Marlas falling under Khasra No.1007, from Masjid Committee, Doda, through its Secretary, against consideration of Rs.350/-. He constructed a residential house over the said land. The Jammu & Kashmir Wakaf Act, 1978 (for short, the Act of 1978),

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