NAZIR AHMED Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition, petitioners have prayed for a direction to the respondents not to dispossess them from their residential Kullas and night shelters without adopting due process of law.

(2.) Respondents have filed their objections and the stand taken by the respondents is that a big chunk of land measuring 251 kanals and 1 marla belonging to State situated at Village Dhar Sarthal was under illegal encroachment of several persons including the petitioners and the said State land was retrieved back by the then SDM, Bani vide No. SDMB/1401-02 dtd. 10/3/2011. It is therefore, submitted by the respondents that there has been no attempt on their part to dispossess the petitioners from their propriety land.

(3.) This petition came up for consideration for the first time on 3/6/2016 when this Court while issuing notice to the respondents also provided by way of an interim arrangement that respondents shall not act over the subject land without following due process of law.