| Jammu, May 23 : In a petition filed by Shamboo Nath Tickoo and others who claim to be the Kashmiri migrants have complained that some unknown persons have illegally, unauthorizedly and in violation of the Act taken possession of their immovable property situated in District Anantnag, Kashmir, described in the petition. Petitioners, therefore, seek writ in the nature of mandamus directing respondents to take suitable action in exercise of their powers under the Act, take the property into their control and hand over its possession to the petitioners and to recover the usufruct of the said property from the illegal occupants for their illegal use and occupation from the year 1999 till possession is recovered.Justice Janak Raj Kotwal observed that the Act vide its Sections 4 & 5 provides for taking over of possession of immovable property of a migrant by the concerned District Magistrate and provides further that the District Magistrate shall take all such steps as may be necessary for preservation and protection of such property. Act also provides for eviction of unauthorized occupants of such property and also imposes a duty on the competent authority in this behalf. Petitioners, therefore, are within their statutory right to claim protection of their immovable property and seek eviction of unauthorized occupants by the competent authority and disposed of petition by providing that the respondents, in particular, District Magistrate Anantnag, shall discharge their duty vis-a-vis the immovable property of the petitioners and ensure compliance of the provisions of the Act. Proceedings in this regard be commenced and concluded expeditiously preferably within eight weeks. (JNF) |
