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Regular matter
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1620/2022
CCP(S) No. 433/2022
Farooq Ahmad Katoo
Petitioner (s)
…..
Through: Mr. Mohamad Yousuf Bhat, Adv.
V/s
Union Territory of J&K & Ors.
….. Respondent(s)
Through: Mr. Gulzar Ahmad Bhat (Sopori), Adv.
Coram:
Hon’ble Mr. Justice Rajnesh Oswal , Judge.
ORDER
31.01.2024
WP(C) No. 1620/2022:
1. Heard learned counsel for the parties.
2. The petitioner has impugned order dated 24.05.2022 passed by respondent
No. 2 on the ground that respondent No. 2 was not having jurisdiction to
entertain any application/petition under Jammu and Kashmir Migrant
Immovable Property (Preservation, Protection and Restraint on Distress
Sales) Act, 1997 .
3. The contesting respondent i.e, respondent No. 4 has filed the response
stating therein that the petitioner has concealed the factum of two suits
while filing the writ petition and further respondent No. 4 approached
respondent No. 2 only when the Tehsildar and the Deputy Commissioner
concerned did not take any action pursuant to the representation made by
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WP(C) No. 1620/2022
CCP(S) No. 433/2022
respondent No. 4. This Court vide order dated 01.08.2022, while staying
the operation of the impugned order left the person aggrieved free to
approach the District Magistrate concerned or any officer competent in
that behalf for seeking eviction of the unauthorized occupant from the
land in question.
4. Learned counsel for the petitioner submits that respondent No. 4 has
approached the District Magistrate, Srinagar and the petitioner has already
been summoned by District Magistrate concerned.
5. In view of the above, the present petition has been rendered infructuous
and the order dated 24.05.2022 shall not come in the way of District
Magistrate concerned to proceed in accordance with law in the
application/representation filed by respondent No. 4.
6. Disposed of as above.
7. CCP(S) NO. 433/2022:
8. Since the main matter has been disposed of. The contempt petition does
not survive. The proceedings are closed and the contempt petition is
disposed of accordingly.
(Rajnesh Oswal )
Judge
SRINAGAR
31.01.2024
Aasif