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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI
Mohammad Shafi Naikoo – Appellant
Versus
UT of J&K – Respondent
ORDER :
1. Petitioner in the instant petition, filed under Article 226 of the Constitution, has prayed for the following reliefs: -
Writ of Certiorari, thereby quashing the impugned Order dated 03.10.2023 passed by respondent No.2 in File No. 175 of FC-AP titled Mohammad Shafi Naikoo Versus Smt Kamla Devi & Others and appropriate writ order directing the acceptance of the appeal filed by writ petitioner before learned Financial Commissioner and thereby setting aside the order passed by District Magistrate Pulwama dated 15.05.2018 and the application submitted by respondent No.5 Mst. Kamla Devi through Javid Ahmad Lone dated 24.05.2012 be rejected in the interests of justice and the possession of the writ petitioner over the property mentioned in the writ petition be protected in the interest of justice.
2. Facts under the shade and cover of which the aforesaid reliefs have been prayed by the petitioner and as are stated in the petition are that an application under and in terms of the provisions of J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales), Act 1997 (for short ‘the Act of 1997’) came to be filed by respondent 5 herein before respondent 4
Possession of migrant property without express consent and proper authorization is deemed unauthorized under the J&K Migrant Immovable Property Act.
The main legal point established in the judgment is that the J&K Migrant Immovable Act, 1997, specifically Section 8, can bar a civil suit and lead to its dismissal under Order VII Rule 11(d) CPC.
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 ....
A statutory authority cannot revoke its own orders unless expressly permitted by the statute, and disputes regarding property title must be resolved in appropriate proceedings.
The main legal point established in the judgment is the importance of fair conduct and clean hands in seeking the extraordinary remedy of a writ of certiorari, and the principle that a litigant canno....
The court ruled that under the Jammu and Kashmir Migrant Immovable Property Act, surrendering possession is a precondition for filing an appeal against eviction, reflecting legislative intent in addr....
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