NAZIRA BANO Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-8-42
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 20,2020

Nazira Bano Appellant
VERSUS
Union Territory Of JAndK Respondents


Referred Judgements :-

MANOHAR LAL SHARMA VS. SANJAY LEELA BHANSALI [REFERRED TO]


JUDGEMENT

Vinod Chatterji Koul - (1.)A writ petition, registered and diarized as OWP no.248/2017, as it divulges from the record on the file, was preferred by petitioner. It was disposed of by a Bench of this Court vide Order dated 30 th May 2017, directing Tehsildar, Jammu West, to decide the matter without being influenced by Circular dated 20th January 2017, issued by Financial Commissioner, Revenue, J&K, and Circular dated 17th November 2015, issued by Divisional Commissioner, Jammu, by a speaking order. It was also mentioned in the Order dated 30th may 2017 that Tehsildar, Jammu West, would decide the matter on its own merits with reference to the rights of petitioner over land in question and would not be influenced by pendency of WPPIL no.19/2011 titled S. K. Bhalla v. State of J&K and others. Tehsildar was also directed not to dispossess petitioner from land in question till the matter was decided by Tehsildar.
(2.)Petitioner again moved a writ petition, being WP(C) no.1253/2020, on the same subject-matter as projected in earlier writ petition (OWP no.248/2017). A Coordinate Bench of this Court vide order dated 30 th July 2020 disposed of writ petition, directing respondents to adhere to the direction dated 13th May 2018, passed in OWP no.248/2017 and till such decision was taken petitioner shall not be evicted.
(3.)Now instant writ petition is a third one on the same subject-matter, with which petitioner is before this Court. She claims that she is in cultivating possession of land measuring 08 Kanals under Khasra no.746 min situated at Village Gole, Tehsil Jammu West District Jammu, since the year Kharief 2000. It is averred in writ petition that on 30th January 2017, respondent no.5 issued a Notice under Section 133 of the Land Revenue Act, calling upon petitioner to remove encroachment from aforesaid State Land. Petitioner states that she preferred a writ petition (OWP no.248/2017) against said Notice, which was disposed of vide Order dated 30th May 2017. Her next submission is that her representation along with application under J&K Lands (Vesting of Ownership Rights to the Occupants) Act 2001 (commonly known as "Roshni Act") is still pending before respondents and, therefore, she cannot be dispossessed from land in question. Petitioner alleges in writ petition that respondents 5&6 at the behest of some, Chowdhary Beeru, were trying to interfere into the possession of petitioner over land in question, so, she again approached this Court with writ petition (OWP no.1253/2020), which was disposed of vide order dated 30th July 2020 by a Coordinate Bench of this Court. Petitioner avers that land in question falls under Khasra no.746 min and the same does not fall under Khasra no.745, but respondents have shown land in question falling under Khasra no.746, which is an illegal act on the part of respondents and therefore, she comes before this Court with instant writ petition seeking following relief:
"......to direct the respondents not to forcibly evict the petitioner or interfere into the land of the petitioner comprising Khasra No.746 min (now Khasra No.745 min) measuring 8 Kanals located at Village Gole, Tehsil Jammu West District Jammu without adhering to the directions passed by the Hon'ble High Court in OWP no.248/2017 dated 30.05.2017 and also in WP(C) No.1253/2020 dated 30.07.2020 and also without adopting due course of law in particular the provisions of the Land Acquisition Act."

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