RITA SAMBYAL Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-8-27
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 17,2020

Rita Sambyal Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

Vinod Chatterji Koul - (1.)Through the instant petition, petitioner seeks quashment of communication dated 30.07.2020 issued by respondent No. 4 along with communication dated 25.07.2020 issued by respondent No.5 vide which the land measuring 05 kanal 17marlas and 66 Sft under khasra No. 181 situated at BC Road Rehari, Jammu is being transferred to Social Welfare Department. She also seeks a direction to the respondents not to interfere with the peaceful possession of petitioner over the property measuring 08 kanal 01 marla and 111Sq ft. under khasra No. 178, 179, 180 (01 kanal 19 marlas and 111 Sqft) Plot D and C along with a residential building constructed over there where the petitioner along with her family is residing at BC Road Rehari, Jammu which has been transferred by way of lease initially in 1935 in favour of grandfather of the petitioner and after his death transferred in favour of mother of the petitioner in 1998.
(2.)The case of the petitioner is that her grandfather, namely, Thakur Baldev Singh has been granted lease hold right of land measuring 08 kanal 01 marla and 111Sq ft. under khasra No. 178, 179, 180 (01 kanal 19 marlas) and under khasra No. 181 (06 kanal 02 marlas and 111 Sqft.) Plot D and C way back in 1935. The grandfather of the petitioner has also constructed a residential house over the aforesaid land. After the death of grandfather of the petitioner, the leasehold rights were transferred/renewed in favour of mother of the petitioner vide Govt. Order No. Revenue (NDJ) 142 of 1998 dated 02.09.1998.
(3.)At this stage, learned counsel for the petitioner submitted that he would be satisfied in case a direction is issued to the respondents in particular respondent No. 6- Assistant Commissioner (Nazool), Jammu to consider and decide the representation dated 15.10.2018 (Annexure-4 ) filed before him for renewal/transfer of lease hold rights in favour of the petitioner within some stipulated time.
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