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VINOD CHATTERJI KOUL
Farooq Ahmad Dar – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. By way of instant writ petition, the petitioners seek following relief:
(i) A writ, order or direction including one in the nature of Mandamus commanding upon the respondent Department not to claim the said property as an Evacuee Property and also the Respondent-Department be restrained from interfering into the lawful ownership and possession of the property of the writ petitioners;
(ii) Further a writ order or direction including one in the nature of Certiorari/Mandamus declaring the notification dated 11th October 1980 issued under Section 6 of the Evacuee Property Act, as illegal or in the alternative the Evacuee Department be directed to withdraw the notification as the Evacuee Shaban Dar has already died at village Sambora in the year 1992 and as such continuation of the said property as an Evacuee Property after the death of the Shaban Dar be declared illegal and the property be allowed to continue with the writ petitioners;
(iii) Any other writ, order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioners and against the respondents.
2. Briefly stated facts of the case
Forcible encroachment over land—Efficacious statutory remedy must be availed of before filing writ petition.
The necessity of Custodian's confirmation under Section 40 of the Displaced Persons Act for the validity of sales is essential; without it, property transfers involving evacuee property are void.
The main legal point established in the judgment is that the vesting of evacuee property in the Custodian under Section 5 of the Jammu and Kashmir State Evacuees (Administration of Property) Act, Svt....
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