JUDGMENT :

1. In these proceedings under Article 226 of the Constitution, the short question which is posed for the consideration of this court is, “whether, the Petitioners are Camas or Tenants of the subject land or not?” Other prayers are ancillary to it. However, before returning a finding on the said question, this Court, in the facts and circumstances of this case, has to decide whether the writ petition under Article 226 of the Constitution of India would be maintainable?

2. Learned Counsel for the petitioners has confined his arguments to following two issues viz, first, to declare that petitioners as tenants of the subject land, not camas. Second, alternatively, if petitioners are not held to be tenants, then as camas they are entitled to Rs 12.00 Lacs of compensation per kanal of land as improvement charges, development charges and other charges for taking away the possession of land from them. Also, the Learned Counsel has made a statement at bar that he does not wish to press an application for amendment being CM No. 3017/2023.

ARGUMENTS ON BEHALF OF PETITIONERS:

3. Learned Counsel for Petitioners, Mr. G.A. Lone has submitted that vide J&K Arms Command Order No. 373 Dated 04.04.1949, the Military Farms Department and the Lands (Farms and Rakhs) were transferred to the Revenue Department, J&K. Further, vide cabinet order no. 409-C of 1950 dated 30.03.1950, the Land and Farms, supra were formally taken over by the Revenue Department in the then State of J&K. Thereafter, the Revenue Department handed over the management and control of lands to the Rakhs and Farms Department in the erstwhile State of Jammu and Kashmir. The area of land in possession of the Rakhs and Farms Department spread across both the provinces i.e. Jammu and Kashmir.

4. Learned Counsel further submits, at that point of time, there was shortage of food stuffs in the erstwhile State of Jammu and Kashmir, as such a scheme known as Grow More Food was introduced by the Government and the said scheme was implemented by providing Rakhs and Farms Land to marginal, small farmers, landless and needy persons in the locality for cultivation as tenants.

5. Learned Counsel further submits that land measuring 4200 Kanals belonging to Rakhs and Farms was also available in estate Rakhe Gund Aksha which partly fell under District Srinagar and small portion fell in District Budgam. The land remained water lodged but was capable of being cultivated.

6. Learned Counsel further submits that predecessors in interest of the Petitioners being marginal and small farmers and some of them being landless, were provided the land, supra for cultivation of food grains as a measure of social security i.e. providing an opportunity of earning livelihood. The predecessors in interest have through their toil and sweat, brought the land into cultivation paddy, peas, vegetables and oil seeds.

7. Learned Counsel further submits that the facilities of irrigation are available to the land and the land at present is a multi cropped land, which is the only source of livelihood to the Petitioners. The predecessors in interest of petitioners and thereafter the petitioners themselves have been continuously in possession of the land and have been cultivating it for around seven decades as tenants. The share of crops is divided between the government through Rakhs and Farms Department and the Petitioners. The share of crops is divided in the ratio of 1/4th produce being paid to the Government through the Rakhs and Farms Department and 3/4th share along with grass is the agreed share of the Petitioners. The position of sharing the crops as tenants and landlords has been arranged from the time of delivery of possession to the petitioners and their predecessors in interest under the Grow More Scheme.

8. Learned Counsel for Petitioners further submits that vide Government Order No. LB-6/C of 1958 dated 05.06.1958, the Petitioners were entitled to be recorded as tenants at will and thereafter under Government