Jammu, Jan 10: In WP(C) No.3475/2023 CM No.8395/2023 Caveat No.2404/2023 titled Mohammad Shafi Naikoo Vs. UT of J&K & Ors. after hearing HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDERED as:-
The petitioner has challenged order dated 03.10.2023 passed by the Financial Commissioner, Revenue, J&K, whereby the appeal filed by him against order dated 15.05.2018 passed by the District Magistrate, Pulwama, has been dismissed.
Learned counsel for the petitioner has contended that the proceedings under Section 5 of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, were initiated against the petitioner on the basis of an application made by respondent No.5 before the District Magistrate, Pulwama, on 24.05.2012 whereas prior to that respondent No.5 is stated to have sold the land which is subject matter of the writ petition vide sale deed dated 06.03.2012 in favour of respondent No.6.
On this basis, it has been contended that even as per the case of respondent No.5, the property in question had ceased to be a migrant property as on the date of initiation of proceedings under Section 5 of the aforesaid Act against the petitioner, therefore, the order of eviction passed by the District Magistrate, Pulwama, as up held by the Financial Commissioner, Revenue, J&K, is without jurisdiction. Issue notice to the respondents.
Mr. J. H. Reshi, Advocate, who is on caveat, accepts notice on behalf of respondents No.5 to 8.
Notice shall go to rest of the respondents subject to the petitioner taking requisite steps within one week.
Caveat shall stand discharged.
Heard learned counsel for the appearing parties on the question of grant of interim relief.
Having regard to the contention urged by learned counsel for the petitioner and the issue raised by him, it is necessary to have response of the respondents for determination of merits of the contention raised by learned counsel for the petitioner.
The response be filed by the respondents by the next date of hearing.
In the meanwhile, it is directed that till next date of hearing before the Bench and subject to objections of the other side, status quo, as it exists on date, with regard the possession and ownership of the property, which is subject matter of the writ petition, is directed to be maintained.
Be listed on 19.02.2024.
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