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2023 Supreme(J&K) 327

M. A. CHOWDHARY
Radha Krishan Bhat – Appellant
Versus
Union of India through Director of Defence Estates – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P. N. Raina, Senior Advocate with Ms. Diksha Handoo, Advocate.
For the Respondent:Mr. Vishal Sharma, Mrs. Monika Kohli, Ms. Nazia Fazal, Advocate

JUDGMENT :

1. The petitioners, through the medium of this petition under Article 226 of the Constitution of India read with Section 103 of the State Constitution seek direction to the respondents to pay the arrears of rentals for the period w.e.f. 01.04.2004 till date and to continue paying the rentals for the land measuring 27 kanals 15 marlas of Village Sombrana, Tehsil and District Anantnag, without any delay and with interest; and further quash letter dated 19.05.2006 addressed by respondent No.3-Estates Officer, Kashmir Circle, Srinagar to respondent No.4-Deputy Commissioner, Anantnag as illegal and arbitrary and against the principles of natural justice.

2. It has been pleaded that the petitioners are owners of land measuring 81 kanals 7 marlas including the land measuring 27 kanals and 15 marlas falling under different survey numbers of Village Sombrana, Tehsil and District Anantnag as per the following details:

Khasra Nos.

Land Measuring

199

8 marlas

201

11 marlas

271/207

11 kanals and 11 marlas

278/207

15 kanals and 05 marlas

3. I

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