The court ruled that disputed questions of fact cannot be resolved in writ jurisdiction, and petitioners failed to establish ownership of the land.

ORDER :

1. In the instant petition filed under Article 226 of the Constitution of India, the petitioners seek the following reliefs:-

a. Writ of Mandamus, directing respondents 1 to 6 to pay monthly rent of Rs. 1,000/- per month per Kanal with interest @ 18% per annum from the date of forcibly occupation of the land of the petitioners measuring 19 Kanals and 10 Marlas bearing Khasra No. 632/257/4 situated at Village Kotla, Tehsil Pouni, District Reasi being used for School from January, 2000 till the date of actual physical possession of the land is handed over to the petitioners vacating the same or total payment of compensation at the present market rate is paid to the petitioners against the above said land.

b. Writ of Mandamus, directing the respondents no. 6 and 8 to demarcate the land of the petitioners and hand over the same to them.

c. Writ of Mandamus, directing the respondents to appoint at least one ward of the petitioners namely Amina D/0 Roshin Din as per promise made by the respondents no.6 and 8 in the presence of the than local MLA.

d. Writ of Mandamus, directing the respondents not to change the nature of the land, damage its land escape or raise any construction in any manner whatsoever on the land of the petitioners measuring 19 Kanals and 10 Malas bearing Khasra No. 632/257/4 situated at Village Kotla, Tehsil Pouni, District Reasi.

Or in alternative, e. Writ of Mandamus, directing the respondents 1 to 6 to vacate the land referred above bearing Khasra No. 632/25/4 measuring 19 Kanals and 10 Marlas or to acquire the land of the petitioners by adopting proper procedure under Land Acquisition Act as per today’s market price through respondent no. 7 till the same is done pay an enhance rent of Rs. 2,000/- per Kanal per month from today onwards to the petitioners.

And Also, f. for issuance of any other writ direction or command which Hon’ble Court deems fit and proper as per the circumstances of the case in favour of the petitioners and against the respondents.

2. The facts leading to the filing of the instant petition are that the petitioners Nos. 1 and 2 are the sons and petitioner No. 3 is the daughter of late Ilmu, who became the owner of the land measuring 19 Kanals and 10 Marlas comprising of Khasra Nos. 632/257/7 situated at Village Kotla, Tehsil Pouni, District Reasi by virtue of mutation No. 675 dated 17.10.1982 under Section 4 and mutation No. 692 dated 24.10.1982 under Section 8 of the Agrarian Reforms Act, 1976 (hereinafter referred to as the “Act of 1976”) passed by the Naib Tehsildar, Thakrakot. Pursuant to the death of the said Ilmu, Mutation No. 872 was attested in favour of the petitioners and their mother Smt. Hazran. The said Hazran also subsequently left for heavenly abode and was succeeded by the petitioners only and, thus, the petitioners in succession have become absolute owners of the land in question.

3. It is the specific case of the petitioners that in January, 2000, the respondents forcibly took the possession of the land in question when the militancy was at peak, without any consent of the petitioners and the respondents, accordingly, managed the entries in the revenue record in favour of the Education Department with regard to the possession and feeling aggrieved of the same, the petitioners filed various representations before the appropriate authorities to vacate the land of the petitioners.

4. It is also a specific case of the petitioners that the school building was raised at 01 Kanal out of the aforesaid land and in lieu thereof, the respondents have assured that one person of the family will be employed in the Education Department and later on, neither any employment was given to any member of the family of the petitioners nor the land was vacated. Thus, according to learned counsel for the petitioners, the petitioners have been deprived of their right to property by wrongful means on part of the Education Department by forcibly occupying the said land without adopting due course of la