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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M.A.CHOWDHARY
Ghulam Nabi Bhat – Appellant
Versus
Union of India through Secretary Defence – Respondent
| Table of Content |
|---|
| 1. dispute on decree, glr, writ jurisdiction. (Para 10) |
| 2. conflicting records reveal title dispute. (Para 11 , 12) |
| 3. no summary eviction for title disputes. (Para 13 , 14 , 15 , 16) |
| 4. long possession presumes valid sale deed. (Para 17 , 18) |
| 5. glr lacks value without notice, hearing. (Para 19 , 20) |
| 6. order quashed; pursue civil court. (Para 21 , 22) |
JUDGMENT
M. A. CHOWDHARY, JUDGE
01. The Petitioners, through the medium of the present Petition filed under Article 226 of the Constitution of India, have challenged Order dated 8th of August, 2022 issued by the Estates Officer, Cantonment Board under sub-section (2) of Section (5A) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 [for short “the Act of 1971”]. Besides, the Petitioners seek a direction in the name of the Respondents, thereby directing them to desist from invoking the Act of 1971 in order to dispossess the Petitioners from their proprietary land in future and not to remove the existing structures of the Petitioners raised on the proprietary land falling under Survey No. 176/165 situate at Mozai Bonamsar, Sonawar, Srinagar.
02. The Petitioners claim to be in continued possession of land fal
Summary eviction under Public Premises Act, 1971 inapplicable to bona fide title disputes; must be resolved in civil courts. GLR entries lack presumptive value without notice and hearing.
Summary eviction under Public Premises Act, 1971, barred for bona fide title disputes; must be resolved via civil courts. GLR entries lack presumptive value over revenue records without notice and he....
Summary eviction proceedings cannot proceed when there is a bona fide dispute regarding property title; such disputes must be resolved in a competent Civil Court.
The court held that lease conditions must be adhered to, and the Government has the authority to resume land for violations, reaffirming the classification of B-2 land under its management.
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