JUDGMENT :

OWP No.1146/2015

1. The Hon’ble Supreme Court of India while deprecating the practice of taking inconsistent stands by a litigant at different stages of same litigation, in Amar Singh v. Union of India, (2011) 7 SCC 69, has observed as under:

“50. This Court wants to make it clear that an action at law is not a game of chess. A litigant who comes to court and invokes its writ jurisdiction must come with clean hands. He cannot prevaricate and take inconsistent positions.”

2. The petitioner No.1 had earlier filed the writ petition bearing OWP No. 437/2014 in order to protect his possession qua the house No. 289 situated at Jawahar Nagar, Srinagar, wherein interim direction was issued to the respondent No.3 not to evict the petitioner forcibly from the house mentioned above. Thereafter the respondent No. 3 issued the order dated 30.06.2014, thereby holding that the alienation of house No.289 situated at Jawahar Nagar Srinagar, having been made without the permission and in contravention of the provisions contained in Section 3 (b) of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales), Act, 1997 (hereinafter referred to a