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2021 Supreme(J&K) 534

ALI MOHAMMAD MAGREY, PUNEET GUPTA
Jammu Development Authority – Appellant
Versus
Beant Kour – Respondent


Advocates Appeared:
For the Petitioner: Adarsh Sharma.
For the Respondent: Vishal Goel; S.S. Nanda; Sunil Sethi; Ravi Abrol; Z.A. Shah; Jagpal Singh; P.N. Raina; J.A. Hamal; S.S. Ahmad.

JUDGMENT :

Magrey, J.

Through Virtual Mode

1. This intra Court appeal, under Clause 12 of the Letters Patent, is directed against the judgment dated 10th of February, 2020, passed by the learned Single Judge in OWP No.1625/2013, whereby the petition of the appellant/ petitioner authority stands dismissed alongwith two other Writ petitions, being OWP Nos. 1619/2013 and 1793/2013.

2. The brief facts leading to the filing of the instant appeal, as come to the limelight from the perusal of the pleadings on record, are that the appellant/ petitioner authority claims that the land measuring 39 Kanals and 02 Marlas, comprising Kh. No. 328 Min and situated in Village Channi, Rama, Jammu, is vested in it and, therefore, could not have been made subject matter of allotment in favour of the respondent No.1 by the Provincial Rehabilitation Officer, Jammu. The appellant/petitioner authority claims that Khasra No.328 of revenue village Channi Rama, Tehsil Jammu is a big chunk of land measuring 432 Kanals and 11 Marlas and was originally the State land recorded as “Mehkama Shikar-Gah”. In terms of Government Order No. REV (NDJ) 46 of 1973 dated 28th of January, 1973, out of the aforesaid land, 274 Ka

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