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2022 Supreme(J&K) 45

SANJEEV KUMAR
Syed Yaseen Shah – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Altaf Haqani, Sr. Advocate with M/s Aasif Wani and Shakir Haqani, Advocates.
For the Respondent:Mr. Showkat Ali Khan, Mr. Mohammad Ashraf Bhat, Mr. G.J. Bala and Mr. Moomin Khan, Advocates.

JUDGMENT :

1. In this petition, the petitioners have, inter alia, prayed for issuance of following writs:-

    “(i) A writ, order or direction including one in the nature of Certiorari, quashing the impugned order dated 13-10-2020 (Annexures I) as also the consequential lease deed dated 2-11-2020 (Annexure-II).

(ii) A writ, order or direction including one in the nature of Mandamus commanding upon the respondents to refrain and desist from raising any construction on spot or from changing the nature and character of the land in question.

(iii) A writ, order or direction including one in the nature of certiorari, quashing the impugned building permission dated 19-1-2021.”

2. Briefly put, facts, as projected by the petitioners in this petition, are that a piece of land measuring 4 marlas 62 sqft under survey No.1288-Min khewat No.05, Khata No.07 situated at Brari Numbal [ “the subject land”] is part of an ancestral property of the petitioners and respondent No.4 along with other co-sharers/descendants of their common ancestors, namely, Syed Mehdi and Syed Assadullah. It is submitted that Syed Mehdi and Syed Assadullah were brothers and jointly owned land measuring 86 marlas under survey No

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