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2025 DAILYLAW 4760 (JK)

BUSHAN LAL BHAT AND ORS. v. STATE TH.REVENUE DEPTT.AND ORS.

OWP/1481/2015 · 2025-03-07

Ma Chowdhary

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 1481/2015 c/w CPOWP No. 138/2017 1. Bushan Lal Bhat, Age 64 years, S/O Late Sh. Radha Krishan Bhat, R/O Village Ladhoo (Batapora) Tehsil Pampore District Pulwama At present H. No.10, Sharda Lane, Sector-A1, Lakshipuram, Bantalab, Jammu 2. Kanaya Lal Bhat, Age, 62 years, S/O Late Sh. Radha Krishan Bhat, R/O Village Ladhoo (Batapora) Tehsil Pampore District Pulwama At present H. No.10, Sharda Lane, Sector-A1, Lakshipuram, Bantalab, Jammu 3. Ashok Kumar Bhat, Age, 58 years S/O Radha Krishan Bhat, R/O Village Ladhoo (Batapora) Tehsil Pampore District Pulwama At present H. No. 45, Lane No. 4, Sector-A1, Lakshipuram, Bantalab, Jammu ...Appellant(s)/Petitioner(s) Through: Mr. S.S. Ahmed, Advocate Vs 1. State of J&K Th. Its Commissioner/Secy., Revenue Department, Civil Secretariat, Srinagar 2. The Deputy Commissioner, Pulwama 3. The Senior Superintendent of Police, Pulwama Serial No. 09 2 OWP No. 1481/2015 c/w CPOWP No. 138/2017 4. The Station House Officer, Police Station, Pampore, District Pulwama 5. The Relief Commissioner (Migrants), Canal Road, Jammu 6. The Tehsildar, Pampore, District Pulwama 7. Bashir Ahmed Wani, S/O Haji Jalal Din Wani R/O Village Ladhoo (Batapora), Tehsil Pampore District Pulwama 8. Bashir Ahmed Sheikh, S/O Ahad Sheikh, R/O Village Ladhoo (Batapora), Tehsil Pampore District Pulwama 9. Mohd. Ramzan Sheikh, S/O Ahad Sheikh, R/O Village Ladhoo (Batapora), Tehsil Pampore District Pulwama .…. Respondent(s) Through: Ms. Priyanka Bhat, Advocate vice Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (07.03.2025) 01. Learned counsel for the petitioners submits that this petition filed by the petitioners essentially for protection of their properties in terms of J&K Migrant Immovable Property (Prevention, Protection and Restraint on Distress Sales) Act, 1997 (for short, the Act) and the Deputy Commissioner, Pulwama who is the competent authority under the Migrants Act filed an affidavit stating 3 OWP No. 1481/2015 c/w CPOWP No. 138/2017 therein that the petitioners’ migrant properties have been preserved properly by fencing the same. 02. In view of this development, learned counsel for the petitioners submits that he has instructions not to press this matter any further, as nothing survives to be decided in this petition. His statement is taken on record. 03. In view of the submissions made by the learned counsel for the petitioners, the instant petition is, disposed of, having been rendered infructuous for any further proceedings. 04. The Contempt Petition bearing CPOWP No. 138/2017, in view of compliance of the interim direction and in view of the statement of the learned counsel for the petitioners, is also disposed of. Proceedings are thus, dropped. 05. Disposed of. (M A CHOWDHARY) JUDGE JAMMU 07.03.2025 SUNIL