Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.

ORDER :

1. The petitioner herein has filed the instant petition under Article 226 of the Constitution for seeking the following reliefs:-

“a. To command and direct the respondents to handover the land measuring 103 kanal 15 marlas falling in khasra no. 367 and land measuring 48 kanal 15 marlas falling in khasra no. 369 in village Pouni Chak Wand Waziran Tehsil Jammu to the petitioner, by issuance of writ of mandamus.

b. In the alternative command and direct the respondents to pay the compensation to the petitioner for deemed acquisition of the aforesaid land of the petitioner at the prevailing market rate, by issuance of writ of mandamus.

c. To pay the rent to the petitioner for the utilization of the aforesaid land of the petitioner from 1962 till it is retrieved under the provisions of SRO 239 and section 81 of the land Acquisition Rules by issuance of writ of mandamus.”

2. The facts under the shade and cover of which the aforesaid reliefs have been prayed and as are stated in the petition, are that the father of the petitioner namely, Sh. Bhanu Dutt Sharma owned two parcels of land measuring 152 Kanals 10 Marlas, (being land measuring 103 Kanals 15 Marlas and land measuring 48 Kanals 15 Marlas) falling under Survey Nos. 367 and 369 respectively situated in Village Pouni Chak, Wand Waziran, Tehsil Jammu, which land came to be inherited by the petitioner along with his brother namely, Shrish Dutt Sharma after the death of his father in the year 2001 and that the land in question have had been previously inherited by the father of the petitioner from his father (grandfather of the petitioner) namely, Pandit Sham Sunder Jotshi and that after the death of the father of the petitioner, an inheritance mutation No. 30 dated 12.03.2003 qua the land in question was attested in his favour along with his brother and the mother namely, Smt. Amba Devi who expired in the year 2009 and that the Department of Agriculture of Government of Jammu and Kashmir forcibly took the possession of a part of the land in question and got itself recorded in the relevant revenue records in cultivating possession of the same illegally and without any right, whereafter, the Agriculture Department on its own transferred the possession of the said land to Animal Husbandry Department of Government of Jammu and Kashmir and consequently, the Animal Husbandry Department of Government of Jammu and Kashmir came to be reflected in the relevant revenue record in its possession, aggrieved whereof, the above named brother of the petitioner filed an appeal before the Deputy Commissioner, Jammu on 21.05.2008, challenging the said entries made in the revenue records qua the land in question in the name of Animal Husbandry Department, which appeal upon being transferred to the Additional Deputy Commissioner, Jammu by the Deputy Commissioner, Jammu, an Order No. 124-Agri of 2002 dated 22.03.2002 and therein the said appeal, the Agriculture Department placed on record an order whereunder sanction had been accorded to the exchange of 20 acres of land situated at Chatha belonging to the Agriculture Department with 18 acres of land belonging to Sher-e-Kashmir University of Agricultural Sciences and Technology, Jammu (SKUAST) situated at Pouni Chak along with structure existing thereon at each of the premises of Animal Husbandry Department, Jammu and the SKUAST, Jammu and besides the said order, document proof of handing over and taking over of the land in question was also produced qua the land in question between the SKUAST and Animal Husbandry Department and the said appeal came to be decided by the Additional Deputy Commissioner, Jammu on 04.02.2011 holding that the appellant is the owner of land covered under Khasra numbers reflected in the appeal and that the possession of the said land was with the Agriculture Department which stands transferred to the Animal Husbandry Department holding further that the possession of the land with Agriculture Department was as a tenant which