In an original writ petition seeking land vesting directions, the court dismissed the plea because the governing Act was declared unconstitutional and void ab initio in a prior judgment.
Direction to transfer and vest land ownership rights was denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No. 206 AFTER NOTICE
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
OWP No. 853/2009
Abdul Majid Rah and anr. Petitioner(s)
Through:Mr. Tawheed, Adv. vice Mr. G. N. Shaheen, Adv.
Vs.
State of J&K and Ors.
Respondent(s)
Through:None. CORAM:-
Hon’ble Mr. Justice Sanjay Dhar, Judge.
(O R D E R) 12.02.2021
Through the medium of instant petition, petitioners are seeking direction to the respondents to transfer and vest ownership rights in their favour in respect of piece of land under the Provisions of Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001. The Act already stands repealed and vide judgment dated 09.10.2020 passed in S. K. Bala Vs. State, the Act has in fact been declared as unconstitutional and void abinitio. Therefore, the instant petition does not survive. The same is dismissed.
(Sanjay Dhar) Judge SRINAGAR 12.02.2021
“Aasif
AASIF GUL 2021.02.14 20:46 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petition for vesting of land ownership survives after the Act was declared unconstitutional.
Colour shows how this judgement treated each authority
S. K. BalaReferred¶12
S. K. Bala Vs. State
2 provisions across 2 enactments
Abdul Majid Rah
State of J&K
Sanjay Dhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
