The court affirmed the application of the Jammu & Kashmir Migrant Immovable Property Act, ensuring protection of migrant property rights and addressing unauthorized occupation.

Headnote:(A) Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 - Petitioners sought quashment of proceedings initiated by Respondent No.3 regarding their ancestral property and requested protection under the Act - Petitioners claimed ownership of land and alleged unauthorized occupation by Respondent No.7. (Paras 1-10)

(B) Legal Status of Migrants - The court examined the definition of 'migrant' under the Act and the implications of unauthorized occupation of property. (Paras 6-7)

Facts of the case:
Petitioners are legal heirs of Siddharth Kathju, claiming ownership of ancestral land in Trahpoo, which was allegedly encroached upon by Respondent No.7. They sought intervention to safeguard their property after being informed of unauthorized claims.

Findings of Court:
The court noted that the Respondent No.7 had been evicted from the property, and the land was placed under the superdari of local authorities, thus addressing the Petitioners' grievances.

Issues: The main issues included the legitimacy of the Respondent No.7's claims and the application of the Act of 1997 regarding the Petitioners' status as migrants.

Ratio Decidendi: The court concluded that the Petitioners' grievances were resolved through the eviction of unauthorized occupants, and no further orders were necessary.

Result: Writ Petition disposed of.

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 unauthorized occupants from the migrant property of the Petitioners;

(iv) Issue an appropriate writ, order or direction, including one directing the Respondent No.2 to act upon the application filed by the Petitioners seeking safeguarding of the property of the Petitioners;

(v) Issue an appropriate writ, order or direction, including one directing the official Respondents to preserve and protect the property of the Petitioners from any encroachment and interference whatsoever from any quarter, including from Respondent No.7; and (vi) Any other Writ, order or direction which this Hon’ble Court may deem fit and property also be issued in favour of the Petitioner and against the Respondents.”

02. The Petitioners claim that their grandfather and father were the owners and possessors of land measuring 05 Kanals falling under Survey No. 566/465; 01 Kanal and 02 Marlas falling under Survey No. 569/447; 01 Kanal and 17 Marlas falling under Survey No. 488; 01 Kanal and 17 Marlas falling under Survey No. 449/1; 03 Kanals and 06 Marlas falling under Survey No. 562/449; and 05 Marlas falling under Survey No. 563/449 situate at village Trahpoo, Tehsil Achabal, District Anantnag. It is stated that the aforesaid land was purchased by the grandfather of the Petitioners, namely, Kanwarlal Kathju S/O Rattan Lal Kathju R/O Srinagar, whereafter, the same was transferred to the father of the Petitioners, namely, Siddharth Kathju, being the only child of the said Kanwarlal Kathju. On the said piece of land, a cottage is also stated to have been built by the grandfather of the Petitioners, which remained unattended due to the fact that the Petitioners had to leave Kashmir Valley and could not come back because of the uncertain conditions and threat to their lives as well as the property, post the law and order circumstances having emerged in the Valley in the year 1990.

03. It is further stated that when the Petitioners approached the concerned revenue authorities/ official Respondents herein for getting the land owned by their father mutated in their names, the Petitioners were informed that some persons, on behalf of some Ashram/ Committee, had approached them regarding the land in question. The father of the Petitioners, namely, Siddharth Kathju, passed away in the year 2014 and the Petitioners, being the only legal heirs of Siddharth Kathju, represented before the Respondent No.2 vide communications dated 19^th of October, 2020, 30^th of November, 2020 and 6^th of January, 2021 for safeguarding the property of the Petitioners, who being Kashmiri Migrants, in terms of the Jammu & Kashmir Migrant Immoveable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (for short “the Act of 1997”) , but no action with respect thereto has been taken till date. Rathe

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