ANIL KOHLI Vs. EXECUTIVE OFFICER MUNICIPAL COUNCIL JAMMU
HIGH COURT OF JAMMU AND KASHMIR
EXECUTIVE OFFICER, MUNICIPAL COUNCIL, JAMMU
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A.M.MIR, J. -
(1.) This Letters Patent Appeal has been directed against an order passed by learned Single Bench of this Court on 2-12-1996 in Writ petition No. 678 of 1983, vide the impugned order the writ petition filed by the appellant before the writ Court was dismissed.
(2.) The Writ-petitioner, is in possession of land measuring 18,012 Sft at Shakti Nagar, Jammu, where he has installed a Saw Mill and is carrying on business of timber. This piece of land was originally with the Irrigation Department of the State and was subsequently taken over by Jammu Municipality from the Irrigation Department. Jammu Municipality allotted this land in favour of the petitioner vide order No. 507 / RP dated 25-7-1974. The Jammu Municipality subsequently initiated proceedings under the Municipal Act. Notice under Sec. 66(B) was issued to which appellant duly filed objections and finally after considering his stand the Jammu Municipality passed an order of eviction under-Sec. 66(C) of the Municipal Act Smt. 2008 by which the petitioner was asked to vacate the premises within a period of thirty days vide order dated 19-11-1982. It is this order which is being challenged in the Writ petition.2A. During the subsistence of the licence, Nazool Department of the State in the year 1979 joined issue with the Jammu Municipality that land belonged to them. The Assistant Commissioner, Nazool Department, Jammu vide communication dated 13-8-1979 informed both the writ petitioner as well as the Municipality that the land in question belonged to Nazool Department. Accordingly the Assistant Commissioner Nazool acting as Estate Officer Jammu issued a show-cause notice to the writ-petitioner under Sec. 4 of the J and K Public Premises (Eviction of Unauthorised Occupants) Act 1959, hereinafter called the Act. An order of eviction came to be passed subsequently against writ petitioner in terms of Sec. 5 of the Act in 1981 also. This order which was appealable was not challanged. Thus that order also seems to have assumed finality. As the order passed under Sec. 5 of the Act has not been challenged in the writ petition, we are not concerned with that order. However, the writ petitioner has remained in possession of land by virtue of a Status-quo order passed by this Court on 3-x-1983.
(3.) The sole ground on which the order of the Jammu Municipality dated 19-11-1982 is challenged in the writ-petition, and the only ground taken before us by Mr. Sunil Hali is that land belongs to Nazool Department who have already passed eviction orders in terms of Sec. 5 of the Act. The Jammu Municipality could not therefore, pass the impugned order of eviction. The learned Single Bench has dealt with the point exhaustively. He on examination of the record has found that the land was transferred to Jammu Municipality by Divisional Commissioner, Jammu in the year 1990 and thereafter it was Jammu Municipality which licensed out the land to the writ petitioner. He continues to pay the rent to the Municipality itself etc.;
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