GH MOHI-UD-DIN Vs. STATE

JUDGEMENT

(1.) A writ petition came to be filed on 1 - 4 - 80 by the petitioners against the respondents for issuance of a direction to the respondents that they may not dispossess the petitioners from the land shown in the site plan annexed with the petition. A show cause notice was issued and ultimately on hearing both sides the writ petition was admitted for by written of order dt 21 -4 - 80.

(2.) THE petitioners alleged that they were in possession of shops which they had constructed on the land near Batmaloo Road Transport Corporation Office and that the respondents without any legal right were trying to oust them and dispossess them from the possession of the shops and the land beneath.

(3.) IN the reply affidavit it was alleged that the petitioners had no right bring this writ petition as they were neither the owners of the land and the structures thereon nor they were in possession of the pieces of land with the permission of the respondents who were the owners of the land in dispute. It was alleged that they were holding the structures over the pieces of land were merely with the permission of the respondents and as the respondents in need of the pieces of land for construction of Bus Stand and the land in question was required for their own purposes and as such the writ be dismissed.