High CourtsSingle Bench(2021) 09 J&K CK 0014

Piaray Lal Bhatt vs UT Of J&K & Ors

Jammu And Kashmir High Court · Decided on 9 September 2021

HON’BLE JUDGES
Sanjeev Kumar, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous No. 5913, 5914 Of 2021 In Writ Petition (C) No. 1778 Of 2021

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Judgment

4 paragraphs · 239 words

Sanjeev Kumar, J

1.

This petition is filed essentially to seek enforcement and execution of the order of Deputy Commissioner, Budgam, Nodal Officer migrant property, passed on 16th of September, 2010, whereby Deputy Commissioner had called upon respondent No.5 to show cause as to why he should not be evicted from the land measuring 16 kanals under Khasra No. 1711 situated at Ichgam.

2.

The petition besides being grossly belated is otherwise not maintainable. It was for the petitioner to approach the Deputy Commissioner concerned to find out as to whether pursuant to the show cause notice issued on 16th of September, 2010, any action has been taken against the respondent No.5 or not. He, however, appears to have approached the then Hon'ble Chief Minister in the year 2011 and thereafter some process appears to have been initiated to take appropriate action in the matter as warranted under law.

3.

Be that as it may, I do not find it a fit case to be entertained by this Court and, accordingly, the same is dismissed. However, I leave it open to the petitioner to approach the Deputy Commissioner concerned for follow up action. He may also approach the Divisional Commissioner, Kashmir, in this regard. Needless to say, that in case petitioner approaches the authorities aforesaid, appropriate action as envisaged under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997, shall be taken.