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HIGH COURT OF JAMMU AND KASHMIR
MOHAMMAD YAQOOB SHAH AND OTHERS – Appellant
Versus
STATE AND OTHERS (FINANCIAL COMM.) – Respondent
JUDGMENT :
1. The petitioners, through the medium of present petition, have, primarily called in question order No.1876-DIVK of 2012 dated 07.05.2012 issued by respondent No.2, whereby permission bearing No.1828 DIVK of 2012 dated 28.01.2012 granted by the said respondent for alienation of land measuring 6 kanals and 14 marlas under Survey No. 499 along with a single storied house situated at Magarmal Bagh Nursingh Garh, Srinagar, in terms of Section 3 of J&K Migrant Immovable Property (Preservation, Protection and Restrain on Distress Sales) Act 1997 (hereinafter referred to as “the Act of 1997”) has been kept in abeyance and it has been further provided that any transaction made by the seller/attorney holder in respect of aforesaid property pursuant to the permission dated 28.01.2012 (supra) established deemed as null and void.
2. The facts emanating from the pleadings of the parties are that respondent No.5, who is a migrant as defined under the Act of 1997, executed an Irrevocable General Power of Attorney dated 25.06.2010 thereby empowering petitioner No.2 to do all acts and things in respect of immovable property comprising single storied residential house together with land me
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 District Magistrate has the authority to take possession of migrant property and evict unauthorized occupants under the Act of 1997.
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 Divisional Commissioner lacked jurisdiction to entertain the complaint and pass the impugned order. The District Magistrate, not the Divisional Commissioner, is authorized to hold an enquiry into....
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 ....
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