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JAMMU AND KASHMIR HIGH COURT
N. P. Kotwal, J
R. S. Auto Engg. (M/s.) and Others v. State and Others
| Table of Content |
|---|
| 1. overview of petitions and foundational claims. (Para 1 , 2) |
| 2. evaluating the jda's position against petitioners' claims. (Para 3 , 4 , 5 , 6) |
| 3. reviewing the authority's jurisdiction in eviction. (Para 7 , 8 , 16) |
| 4. addressing the implications of undertakings and possession. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. final ruling and dismissal of petitions. (Para 18 , 19 , 20 , 21) |
1. O.W.P. No. 401/95 was listed along with the record of OWPs No. 828 and 97 of 1995. In both petitions, OWPs 401/95 and 828/95, petitioners are represented by Mr. N. P. Kotwal, advocate. OWP No. 828/95 also carries an order of the Court for joint consideration of OWPs 95/95, 401/95 and 828/95. Therefore, it was deemed proper to take up all these petitions for disposal by one common judgment as they raise identical questions of law and facts as also on the request of parties after treating them admitted to hearing.
2. Petitioners claim that they were allotted shops at Nehru Market in Warehouse, Jammu, by the Estates Department and have remained in possession for the last about 30 years carrying on their business. In or around 1987, the Jammu Development Authority (JDA) is said to have prepared
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