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2024 Supreme(Online)(J&K) 1301

HIGH COURT OF JAMMU AND KASHMIR
GOPAL KRISHAN – Appellant
Versus
STATE TH.U.D.D.AND ORS. – Respondent


JUDGMENT

1. The present petition has been filed seeking quashment of Order No. Secy./JDA/PS/640-43 dated 10.11.2015 regarding plot No. 267 measuring 20′ X 40′ at New Bahu Fort, Housing Colony Jammu, issued by respondents No. 2 and 3 whereby allotment made in favour of petitioner with respect to aforesaid plot was cancelled and Director Land Management was directed to take over the possession of the plot in question.

2. The facts leading to the filing of the present petition as pleaded are that father of the petitioner was allotted Plot No. 267 in Qasim Nagar, Jammu in the year 1989 on perpetual lease for sole purpose of construction of a residential house on a premium of Rs.3500/- and a lease deed came to be executed in his favour on 09.11.1989. After the demise of the father of petitioner, a suit for declaration declaring the petitioner as legal heir of the deceased, Munshi Ram, allottee of Plot No. 267 was filed. Petitioner, accordingly, obtained a declaration having filed a suit in the Court of learned Munsiff Jammu declaring to be the only legal heir and owner of plot in question. Thereafter, petitioner approached respondent No.2, Vice Chairman, JDA for transfer of the lease hold

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