HIGH COURT OF JAMMU AND KASHMIR
PUSHKAR NATH AND ANR – Appellant
Versus
STATE OF J AND K TH. COMMISSIONER SECY. REVENUE DEPTT. AND ORS – Respondent
ORDER :
1. This writ petition is admitting of no dispute to the fact that the two petitioners, who are the sons of Sh. Kanth Koul, are owners of the land measuring 2.7 kanals under khasra (Survey) No. 1318/338 in village Logripura, tehsil Pahalgam, district Anantnag, before their migration as Kashmiri Pandit Migrants in the year 1989 were very much in the peaceful possession of said land but forced to leave it unattended because of the turmoil in the Kashmir valley which uprooted Kashmir Pandit Community therefrom. An unattended land/property of the Kashmiri Pandit Migrant in Kashmir was meant to be protected by none else than the State of J&K and its authorities but in the case of the petitioners, their unattended land measuring 2.7 kanals under khasra (Survey) No. 1318/338 was seized to be usurped by none else than the Education Department of the Government of the then State of J&K in utter disregard to the ownership of the said land being that of the petitioners.
2. Thus, the State and its officials facilitated usurpation of the petitioners ’ said land by indulgence of the Education Department which resulted in coming up of a Jawahar Navodaya Vidayala School at the site of the pet
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