Back
HIGH COURT OF JAMMU AND KASHMIR
RITURAJ S. KATHJU AND ANR. – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT) – Respondent
JUDGMENT :
01. Through the medium of the present Petition, the Petitioners have prayed for the grant of following relief(s) in their favour:
“(i) Issue an appropriate writ, order or direction, including one directing quashment of the proceedings initiated by the Respondent No.3 upon the application filed by the Respondent No.7 titled as “Shri Ramakrishan Mahasamelan Ashram Vivekanada Kendra Nagdandi through Secretary R/O Trahpoo, Nagdandi, Ang”;
(ii) Issue an appropriate writ, order or direction, including one directing quashment of the application titled as “Shri Ramakrishan Mahasamelan Ashram Vivekanada Kendra Nagdandi Ang” and the order dated 01-11-2017 passed by the Respondent No.3;
(iii) Issue an appropriate writ, order or direction, including one directing the official Respondents particularly the Respondent No.2 to adhere to the provisions of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 by safeguarding the property of the Petitioners, land measuring 5 Kanals and 1 Marla falling under Survey Nos. 448, 563/449, 569/447 and 449/1 situated at village Trahpoo, Tehsil Achabal, District Anantnag and evicting the una
The court affirmed the application of the Jammu & Kashmir Migrant Immovable Property Act, ensuring protection of migrant property rights and addressing unauthorized occupation.
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 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 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 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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
