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2023 Supreme(J&K) 400

SANJAY DHAR
Ghulam Rasool Ganai – Appellant
Versus
State Of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sheikh Mushtaq, Advocate
For the Respondent: Mr. Mubeen Wani, Mr. T. A. Lone, Adv

JUDGMENT :

1) The petitioners, who happen to be the legal heirs of original petitioner, Shri Ghulam Nabi Ganai, have filed the instant petition challenging the order passed by respondent No.3, whereby the said authority, on the basis of communication No.Div.Com/MLA/ MIG/MISC/10/2017 dated 25.08.2017, addressed by respondent No.2, issued a direction to respondent No.4 to handover possession of the land claimed by private respondents No.6 to 8 in favour of the rightful owner. A further direction asking respondent No.2 not to dispossess the petitioners from the property, which is subject matter of the writ petition, has also been sought.

2) The case set up by the petitioners is that One Deena Nath Bhat agreed to sell property measuring 09 kanals and 03 marlas falling in Khasra Nos.5270, 544, 538, 539, 696, 530, 545 and 546 along with Shamilat Deh land measuring 05 kanals of Village Waskura Tehsil Ganderbal to original petitioner for a consideration of Rs.86,000/. It has been claimed that Shri Deena Nath received a sum of Rs.11,000/ and the balance amount was to be paid to him at the time of execution of the sale deed. The document/receipt in this regard is stated to have been executed b

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