HASNAIN MASSODI,J. - (1.) Plot of land measuring 02 Kanals, 03 Marlas and 28 Sft. comprising Survey Nos. 63 Min., 66 Min. and 67 Min. situated at Estate Maisuma, Srinagar (hereinafter "disputed plot") is subject matter of the writ petitions - OWP Nos. 783 of 2012 and 160 of 2013, on hand. The two petitions because of similar/identical subject matter as also in compliance of direction of Hon'ble Supreme Court in Special Leave to Appeal (C) No.(s) 26811/2015 dated 1st October 2015, are taken up together. Petition registered as OWP No. 160 of 2013, stands admitted to hearing on 28th February 2013. Petition registered as OWP No. 783 of 2012 is also admitted to hearing. Counsel opposite, waive post admission notice. The counsel do not propose to supplement the pleading. Pleadings are complete. Learned Additional Advocate General opposes both the petitions on identical grounds. So much about the background facts, now a closer look to petitioners case and the grounds on which the petitions are resisted by respondents.
(2.) Petitioner in OWP No. 783 of 2012, is aggrieved with the decision of the Empowered Committee, constituted under Jammu and Kashmir State Land (Vesting of Ownership Rights to Occupants') Act, 2004, bearing No. Div. Com/LAS/Nazool/524/147 dated 24th May 2011, whereby his application registered as 12182, for vesting of ownership rights over disputed plot stands rejected for the reasons detailed in the order. He on the grounds set out in the petition seeks following relief. i) A writ of Certiorari quashing decision of Empowered Committee constituted under Jammu and Kashmir State Lands (Vesting of Ownership Rights to Occupants) Act, 2004 bearing No. Div. Com/LAS/Nazool/524/147, dated 24th May 2011. ii) A writ of Mandamus commanding Empowered Committee-Respondent No. 2 in the writ petition to accord fresh consideration to the petitioner s case uninfluenced by its decision dated 24-5-2011.
(3.) Petitioner in OWP No. 160 of 2013, are aggrieved with the order of Deputy Commissioner Srinagar-respondent No. 3 in the writ petition, whereby Order No. 131-33-RD/Roshni/90 dated 30th October 2012, has been withdrawn. Petitioners are also aggrieved with Communications No. 161-63/RD/Roshni-90 dated 12-12-2012, addressed by respondent No. 3 to respondents 4 and Communication No. 4105-06/M dated 18-12-2012, addressed by respondent No. 4 to respondent No. 5, directing them not to attest mutation in respect of subject matter of the writ petition in favour of petitioners. They on the grounds urged in the writ petition seeks following relief: i) A writ of certiorari, quashing letter bearing No. 161-63/RD/Roshni/90 dated 12-12-2012 addressed by respondent No. 3 to respondent No. 4, No. 4105-06/M dated 18-12-2012 addressed by respondent No. 4 to respondent No. 5, order bearing No. DCS/ARA/116-19/2012 dated 29-01-2013 issued by respondent No. 3 and also the letters addressed by respondent No. 3 to Advocate General, ii) A writ of mandamus directing respondents 4 and 6 to attested mutation as envisaged by section 8(4) of the J&K State Lands (Vesting of Ownership Rights to the Occupants) Act, 2001 read with amended Act 2007 in favour of petitioners without taking cognizance of any directive passed on to them by respondent No. 3. iii) A writ of mandamus directing respondent No. 6 not to act on the directions of respondent no. 3 in determining the validity of the Government Order No. (NDK) 125 of 2010, dated 21-07-2010 or else the decision of the empowered committee held on 4-5-2011 or in the granting of proprietary rights of the land in favour of the petitioners by the said committee, in any manner whatsoever, iv A writ of mandamus directing not to cause any kind of interference with the ownership and possession of the petitioners over the land measuring 02 kanals, 03 marlas and 28 Sfts. Comprising Khasra Nos. 63 min, 66 min and 67 min situate in estate Maisuma near Old KDM Adda, M.A. Road, Srinagar, in any manner whatsoever.;