Decided on September 07,2006

Rama Arora Appellant
STATE OF JANDK Respondents


- (1.) GRIEVANCE projected by Rama Arora, the petitioner in this writ petition, is that District Magistrate (Deputy Commissioner) Anantnag, Kashmir, the competent authority under The Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, has failed to protect the property of the petitioner situated in village Sransoo Shampora, Tehsil Dooru, District Anantnag, Kashmir, and retrieve it from the unlawful occupation of Abdul Gani Bhat, the third respondent.
(2.) PETITIONER submits that the third respondent had unauthorisedly occupied her land whereas only ten marlas of the land had been sold to him. She has placed on records an order issued by District Magistrate, Anantnag, which forms annexure -J to this writ petition in terms whereof a direction appears to have been issued by the District Magistrate to the Tehsildar Agrarian Reforms, Qazigund, to proceed on spot, enquire the matter and in case encroachment was found to have taken place, to evict the illegal occupant and lodge an F.I.R. against the encroacher. Usufructs of the land too were directed to be calculated for the period of unauthorized occupation. Headquarter Assistant to Deputy Commissioner, Anantnag, too appears to have informed the Tehsildar vide his communication No. 622/Mig dated 09.10.2003 to implement the directions of the District Magistrate. Nothing substantial, however, appears to have happened on spot as the unauthorized occupation of respondent No.3 continues to be there on spot.
(3.) RESPONDENT Nos. 3 and 4 have refused service. They are, thus, placed ex -parte. Sh. A. H. Qazi, learned Addl. AG appearing for respondent Nos. 1 and 2, had nothing much to oppose the relief sought for by the petitioner in the writ petition in view of the documents placed on records by the petitioner.;

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