Partly allowed

Pushakar Nath Bhat v. State Th.Dist.Magistrte,Anantnag and Anr.

J&K HC13 Sept 2021APOWP/10/2016

Case brief

AI extract

What is this about?

Single judge order modifying a prior judgment in an application concerning eviction of migrants under the J&K Migrants Immovable Property Act. The court clarified that the District Magistrate, Anantnag was the correct respondent authority regarding protection directives.

What did the court decide?

Judgment dated 29.09.2015 in OWP No. 1409/2015 modified to read respondent No. 1 as District Magistrate, Anantnag instead of respondent No. 2.

Pushakar Nath Bhat Vs State Th.Dist.Magistrte,Anantnag and Anr. — Property and Title | J&K HC (2021)

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Sr. No. 70

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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APOWP No. 10/2016

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Pushakar Nath Bhat

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.....Appellant/Petitioner(s)

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Through :- Mr. K. L. Pandita, Advocate

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v/s

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State of J&K and another

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.....Respondent(s)

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Through :- None

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Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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The present application has been filed by the petitioners for modification of the judgment dated 29.09.2015 in OWP No. 1409/2015 in case titled Pushkar Nath Bhat vs. State and others by virtue of which instead of directing the respondent No. 1 i.e. District Magistrate, Anantnag, Kashmir who happens to be statutory authority under Jammu And Kashmir Migrants Immovable Property (Preservation, Protection And Restraint On Distress Sales Act) 1997, respondent No. 2 was directed to consider the representation of the petitioner and extend protection in accordance with the Act (supra) and it was further directed that in case, property is found to be encroached upon/usurped/forcibly occupied by anybody encroacher/usurper shall be evicted and the subject matter shall be protected in accordance with the provisions of Jammu And Kashmir Migrants Immovable Property (Preservation, Protection And Restraint On Distress Sales Act) 1997.

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The said direction was in fact required to be issued in the name of

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statutory authority i.e. District Magistrate, Anantnag, Kashmir as per Act (supra). In view of this, judgment dated 29.09.2015 is modified and the

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NEHA KUMARI 2021.09.14 10:06 I attest to the accuracy and integrity of this document

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2 APOWP No. 10/2016

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respondent No. 2 reflected in Page 2 of the judgment shall be read as

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respondent No. 1 i.e. District Magistrate, Anantnag, Kashmir.