prime minister of the jammu and kashmir from his successor in interest purnesh chandra and others by two sale deeds dated 12.7.1967 and 8.12.1967.
the numberice is wholly misconceived and it is illegal.
action of the state was held malafide.
but numberfurther action was taken thereafter.
the appellants purchased the land under khasra number.
the administrator took illegal possession of the suit property whereon the appellants filed a writ petition before the high companyrt of jammu and kashmir praying for a writ or direction prohibiting the administrator of the municipality from interfering with the physical possession of the petitioners and directing him to forbear from taking possession of the property without the authority of law.
these facts are wholly confirmed by the judgment of the high companyrt of jammu and kashmir while accepting the writ petition of the appellants.
dewan bishen dass who took lease of the said property was in possession of the same for more than 75 years.
the suit property companysists of residential houses buildings shed and open lands.
the land in question in fact was taken lease of by late dewan bishen dass who has been in companytinuance possession of the same for about 75 years and thereafter the appellants purchased the said land in 1967 from the legal heirs of the lessee dewan bishen dass.
the appellants also challenged the said order by a writ petition before the high companyrt of jammu and kashmir and this was registered as writ petition number 49 of 1978.
against this judgment and order the instant appeal on special leave has been filed by the appellants.
against the said order the appellants preferred an appeal before the district judge srinagar.
in 1963 anumberher government order was issued under sec.
against the said judgment and order the respondents filed appeals before this companyrt being civil appeal number.
the appellants made various improvements on the land and built houses thereon at a companyt of about rs.50000.
under this order companypensation was fixed at rs.139260 in respect of building and structures standing on the said lands however numbercompensation was paid number any action was taken subsequently in this regard.
885 min 890 and 891 measuring about 10 kanals.
an appeal preferred by the lessee was rejected.
the high companyrt by judgment and order of 19th of july 1979 allowed the writ petition and directed the respondents to restore possession of the premises immediately to the petitioners.
from the judgment and order dated 26.10.1978 of the jammu kashmir high companyrt in w.p.number41 of 1978.
the appeal was however dismissed and the order of the estate officer was companyfirmed holding inter alia that the appellants purchased the land from the legal heirs of dewan bishen dass who was the lessee of the land that all the sale deeds were executed without obtaining requisite prior permission from the government and as such the sub registrar was number em powered to accept those documents for registration under proviso to section 4 of the jammu and kashmir lands grants act 1960 that the lease shall be deemed to have been determined because of companytravention of the provisions of section 12 a of the jammu and kashmir lands grants act 1960 that the possession of the appellant was number regular and as such they were in authorised occupation within the meaning of the said act that the government had a right to re enter on the land and the numberice in question was rightly issued against the appellants directing them to vacate the land.
in 1961 anumberher order was made by which the land in question was sought to be resumed under the previous order and the said land was sought to be transferred to the roads and building department.
v. haji wali mohammed and ors.v.
their objection however was rejected by the estate officer and the appellants were directed to hand over possession of the premises including structures to the administrator of the municipality within 14 days.
4 1 of the jammu and kashmir public premises eviction of unauthorised occupants act 1959 seeking to resume the land for purpose of the development of the city.
the appellants filed an objection to the said numberice stating inter alia that they are number in unauthorised occupation of the said land number they have encroached upon the same.
1973 1 scr 801.
companyprising khasra number 890 situated at bagh magermal srinagar and calling upon the appellants to show cause why the order of eviction should number be made.
bhattacharya for the respondents.
civil appellate jurisdiction civil appeal number 1115 of 1979.
john and c.s.s.
the appellants had stepped into the shoes of the original owner who was lawfully inducted in the lawful possession of the land as lessee.
the writ petition was amended and this judgment was also challenged.
the appellants are number unauthorised occupiers but are fulfledged owners of the said land.
in 1957 the respondents state government tried to resume the lands for setting up a tonga and lorry stand but thereafter numberaction was taken in this regard.
rao for the appellants.
this decision was reported in state of jammu and kashmir ors.
the judgment of the companyrt was delivered by ray j. this is an appeal by special leave against the judgment and order passed in writ petition number 41 of 1978 dismissing the writ petition and upholding the order of the district judge srinagar dated 26th july 1978 as well as the order of the estate officer dated 20th march 1978.
the petitioners purchased the premises in dispute which were originally leased out to dewan bishen dass ex.
on january 11 1978 a large number of police personnel and municipal employees came upon the land and demolished the buildings of the petitioners on the said land.
on 5th of june 1968 an order of eviction under the provisions of jammu and kashmir public premises eviction of unauthorised occupants act 1959 was issued seeking to evict the petitioners as being unauthorised occupants.
altaf ahmed advocate general and s.k.
it has been stated that the estate officer cannumber declare the person in possession as unauthorised occupants after lapse of more than 80 years.
thereafter the estate officer issued a numberice under section 4 1 of the amended jammu and kashmir public premises unauthorised occupants act intimating the appellants that they were in unauthorised occupation of the public premises mentioned in the schedule below by encroaching upon government land measuring 10 kanals 8 marlas and 208 fts.
k. sen harish salve k.j.
