Vijay Ganjoo vs Syed Abid Rashid And Others

Wasim Sadiq Nargal, J

The instant contempt petition has been preferred against the order/judgment dated 09.11.2017 passed by a Co-ordinate Bench of this Court, whereby a direction was issued to the respondent No. 1 to accord consideration to the representation of the petitioner and extend protection in accordance with the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distressed Sales) Act, 1997 (hereinafter referred to as the “Act”). Besides, the Court has observed that if it is found that the aforesaid property has been encroached upon/usurped/forcibly occupied by anybody, encroacher/usurper, the same shall be evicted and the subject matter shall be protected in accordance with the provisions of the Act.

The detailed statement of facts has been filed by the respondents, in which the respondents have taken a specific stand that an application was preferred by the petitioner on 12.12.2017 with a request to issue instructions for removal of illegal encroachment on the plot and to take custody. Pursuant thereto, the Deputy Commissioner, Srinagar directed the Tehildar South, Srinagar to furnish the factual report after proper spot inspection.

It is further evident from the record that the Tehsildar South, Srinagar on the basis of the representation, submitted his report dated 29.12.2017, which reveals that the petitioner has preferred a representation for eviction of encroachers in estate Barzullah within the provisions of the Act and as per the record, no such mutation dated 28.09.1987 is available with the record, wherefrom the field staff can trace the ownership of the petitioner, as the petitioner has not furnished any mutation number or any copy of the said mutation. The stand of the respondents in the statement of fact further reveals that the record, i.e., Jamabandi 1993-94 available with the field staff also does not indicate the name of the petitioner. Feeling aggrieved of the same, the petitioner filed a legal notice for compliance of the order passed by this Court dated 09.11.2017 and pursuant thereto, the petitioner was issued notice by the Deputy Commissioner, Srinagar to provide documentary evidence, as sought by the Tehsildar concerned with a view to implement the order in question. The record further reveals that the Tehsildar South, Srinagar vide No. 240/M/TS dated 27.06.2018 submitted a detailed report, which reads as follows:-

“a) A lease deed has been executed between Shri Sanathan Dharam and Mrs. Vijay Gunjoo Wo Karihaloo for land measuring 09 Marlas and 13 Sfts falling in estate Barzullah;

b) The land in question is recorded in the name of (Thakur Dara Mandir) under the management of Shatrughan Dass Chela and no entry about the lease is recorded which the petitioner has pleaded that a mutation in the year 1987 stands already attested in his favour;

c) The land in question involves the interest of Mandir property which is under the management of trust, the question of initiating action under Migrant Act 1997 is not applicable.”

In pursuance to the report submitted by the Tehsildar South, Srinagar, a specific stand has been taken by the Deputy commissioner, Srinagar in the statement of facts that one more notice was issued to the petitioner to submit the authenticated copy of the mutation alongwith the revenue record and the petitioner failed to provide the requisite information, as desired by the concerned Deputy Commissioner. Since no information was provided by the petitioner as desired by the concerned Deputy Commissioner, the respondents have taken a specific stand that the report of the field staff reveals that the land measuring 31 Kanals and 07 Marlas 59 Sfts falling under Survey No. 13 and Khewat No. 429 in estate Barzulla is recorded in the name of Thakur Dara Mandir and there is no recorded entry in the revenue record in the name of the petitioner. Since the direction passed by this Court is specific to the extent of according consideration to the representation of the petitioner and the respondents, accordingly, in the light of the stand taken in the aforesaid statement of facts have complied with the directions passed by this Court in its letter and spirit, therefore, nothing remains to be adjudicated further in the instant petition and, accordingly, the proceedings in the contempt petition are closed in the light of the fact that the petitioner has not complied with the direction in the light of the stand taken by the Deputy Commissioner concerned in the latest statement of facts, wherein it has been specifically pleaded that the petitioner has not approached the office of the Deputy Commissioner with respect to the documents, the authenticated copy of the mutation and also the revenue record, that was precisely the reason that the respondents could not proceed further in the matter.

In the light of the aforesaid, this Court deems it proper to close the contempt proceedings at this stage, as the order under challenge has been complied with by the respondents. However, the petitioner is at liberty to approach the office of the Deputy Commissioner, Srinagar and to provide the requisite information, as desired by the concerned Deputy Commissioner in the light of the report submitted by the Tehsildar South, Srinagar with respect to the authenticated copy of the mutation and also the revenue record with respect to the land in question within a period of four weeks from today and subject to the furnishing of the requisite information, the Deputy Commissioner is directed to take a decision within one month thereafter. The contempt petition is disposed of in the manner indicated.