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SANJEEV KUMAR
Hilal Ahmad Wani – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
Brief Facts
WP(C) No. 890/2022
1. The petitioners are owners of agricultural land measuring 01 kanal and 04 marlas comprised in khasra No. 1313 situate at village Uttersoo Shangus, District Anantnag ['the subject land']. The subject land was under cultivating possession of the father of respondent Nos. 7 and 8 as tenant prior to their migration from the Valley in the year, 1990. The relationship of landlord and tenant between the petitioners and respondent Nos. 7 and 8 ['the migrants'] is admitted by the petitioners. By operation of J&K Agrarian Reforms Act, 1976 ['the Act of 1976'], the subject land vested in the State under section 4 of the Act of 1976 and mutation No. 1657 came to be attested in this regard. The said mutation is subject matter of challenge in an appeal before the competent authority. The said appeal is reportedly dismissed for non-prosecution and there is no application for restoration of the appeal moved by the petitioners. With respect to the subject land, the migrants i.e. respondent Nos. 7 and 8 have also executed a Power of Attorney in favour of respondent No. 9 which is also subject matter of challenge in a Civil Suit pending befor
The court established that agricultural land vested in the state under the J&K Agrarian Reforms Act cannot be claimed by former owners or tenants until the appropriate legal processes are completed, ....
The main legal point established in the judgment is that the District Magistrate must conduct a proper enquiry before issuing an eviction order under the Jammu and Kashmir Migrant Immovable Property ....
The District Magistrate has the authority to take possession of migrant property and evict unauthorized occupants under the Act of 1997.
Failure to avail statutory remedies renders a writ petition not maintainable.
The entitlement to proprietary rights under the J&K Migrant Immovable Property Act, 1997 and the issuance of a writ of mandamus to enforce such rights.
The court established that actual possession and the integrity of the mutation process are critical in determining tenancy rights and prospective ownership under the J&K Agrarian Reforms Act, 1976.
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