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2024 Supreme(J&K) 297

HIGH COURT OF JAMMU AND KASHMIR
ALI MOHAMMAD MALIK AND OTHERS – Appellant
Versus
STATE OF JK AND OTHERS (REVENUE/FLORICULTURE) – Respondent


ORDER :

1. The petitioners, in the instant petition, filed under Article 226 of the Constitution of India, have prayed for the following reliefs:

• A writ of certiorari: quashing the impugned order No.Divcom/RA-AVS(10)2014 dated 16.05.2014 passed by the respondent No.2.

• A writ of mandamus: commanding the respondents to pay the compensation of the land measuring 1 kanal and 9 ½ marlas under Khasra No.323 min to the petitioners at the prevalent market rate including the interest @ 18% per annum till it is actually paid.

• A writ of mandamus: commanding the respondents to pay the compensation of Rs.6.00 laks for the user and occupation of the land. Also the petitioners be awarded exemplary litigation costs of Rs.3.00 lakhs”.

2. The facts under the shade and cover of which the aforesaid reliefs have been prayed and as stated in the petition, are that the petitioners claim to be the owners of land measuring 01 kanals and 9½ Marlas, falling under Survey No.323 Min situated at Shalimar, Srinagar and allege that respondents 6 and 7 herein, without following procedure prescribed by law, forcibly took over the possession of said land from the petitioners and also did not pay any compensation in

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