UNION OF INDIA Vs. FARMAN ALI
LAWS(J&K)-2006-9-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 18,2006

UNION OF INDIA Appellant
VERSUS
Farman Ali Respondents

JUDGEMENT

- (1.) DISPUTE between Union of India, the writ petitioner, and one Farman Ali, the first respondent, pertains to land measuring 1 Kanal 19 marl as situated in Sunjwan Complex, Jammu.
(2.) WRIT petitioners say that respondent No. 1 had encroached upon 1 Kanal 19 marlas of land comprised in Khasra No. 356 min, which led to initiation of proceedings against him under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, hereinafter referred as PP Act.
(3.) EVICTION order passed under the PP Act was initially questioned in a suit and thereafter in an appeal before the learned Additional District Judge, Jammu, the appellate officer, by the first respondent. Appeal before the appellate officer succeeded in ex parte. Application of Union of India seeking withdrawal of ex parte order and re -hearing of the appeal, filed within the prescribed period of limitation, was rejected by the appellate officer vide his order dated 27th of April 2001. Union of India has invoked the writ jurisdiction of this Court to seek quashing of orders passed by learned Additional District Judge, Jammu, the appellate officer, on 4th of November 1997 in file No. 3/Civil Appeal and on 27th of April 2001 in file No. 16/Misc of 1997. The first respondent says in his objections that land measuring 1 Kanal 19 marlas comprised in Khasra No. 356 min situated at village Sunjwan Tehsil and District Jammu had not been acquired by Union of India and that a double storeyed house had been constructed by him on the land about 30 years back. He claims to have inherited this land from his fore -fathers. Order passed by the appellate officer on 4th of November 1997 had attained finality and application moved by the petitioner for setting aside ex parte order and re -hearing of the appeal was not maintainable, asserts the respondent in his objections. Reliance has been placed on Section 13 of the Act. Respondent had however opted to remain absent at the time of consideration of this writ petition.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.