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2022 Supreme(J&K) 409

ALI MOHAMMAD MAGREY, VINOD CHATTERJI KOUL
S. K. Bhalla (Prof. ) – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Respondents: D.C. Raina; K.D.S. Kotwal

JUDGEMENT/ORDER :

Ali Mohammad Magrey, J.

CM No. 6566 of 2020

On the set of facts and grounds urged, coupled with the submissions made at Bar, the instant application is allowed and leave is granted to file the application, seeking clarification.

CM disposed of.

CM No. 6561/2020

1. The Applicants, namely, Mohd. Rafiq Karnai, Bashir Ahmad Karnai, Manzoor Ahmed Karnai and Nazir Ahmed Karnai (hereinafter, "Applicants"), have filed the present application for clarification, CM No. 6561/2020 (hereinafter, "Application for Clarification"), claiming to be bonafide purchasers from, and successors-in-interest of, Zahida Naquishbandi and Shahida Naquishbandi.

2. It is the case of the applicants that the said Zahida Naquishbandi and Shahida Naquishbandi had acquired freehold/proprietary rights in respect of land described in detail in paragraph B.1 of the Application for Clarification, under the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001, as amended and the Rules made thereunder (hereinafter, "Roshni Act/Rules"), as authorized occupants/ lessees. Thereafter, it is contended by the applicants, that they purchased the said land from the said Zahida Naquishbandi and

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