GHULAM QADIR BULLA Vs. UNION TERRITORY OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Ghulam Qadir Bulla
Union Territory Of JAndK
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PUNEET GUPTA, J. -
(1.)CM No. 4205/2020 : The petitioner has challenged order No. MC/Spr/8p/20/128-129 dated 05.09.2020, passed by respondent No. 2 whereby he has granted permission to the private respondents No. 3 and 4 to raise residential construction in the land in survey No. 169 Min situated at Baghat Down Town Sopore, on the ground that the land on which the permission has been granted is joint property of the petitioner and the private respondents and is yet to be partitioned. The petition also refers to the civil litigation which is pending between the parties with respect to the land in question. The petitioner also moved the concerned authorities for cancellation of the permission granted to the private respondents but of no avail.
(2.)The objections to the petition have been filed by the private respondents wherein it is submitted that the petitioner has filed suit for partition and injunction before the court of Sub-Judge Sopore and order of status quo is passed by the court. It is also contended that a settlement was executed in the year 1976 whereby the name of the respondents was mutated in the revenue records and that the petitioner is signatory to the same. Inspite of the same the petitioner has developed the greed and filed application before the Additional Deputy Commissioner and the respondents have filed revision petition before the Divisional Commissioner against the order passed by the said authority on the application filed by the petitioner. The respondents sold two shops in the year 2014 but the petitioner never agitated the sale of those shops though having knowledge of the same. The petitioner has no case against the respondents is the sum and substance of the objections filed by the private respondents.
(3.)Learned counsels for the parties have made submissions as per their respective pleadings.
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