Research › Search › Judgment

J&K High Court · body

2012 DIGILAW 438 (JK)

Kuldeep Narain v. State Of J&K

2012-07-19

J.P.Singh

body2012
1. Heard learned counsel for the parties. 2. The property which is the subject matter of adjudication in this Writ Petition, belonged to one Nand Lal Shangloo. After his death, it devolved upon Kuldeep Narain, Avtar Krishan and Tej Krishan Shangloo. Because of their migration from Kashmir Valley, the property was required to be preserved and protected by District Magistrate, Srinagar, in terms of the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. 3. In terms of the interim orders passed by the Court, the property is presently under the control of District Magistrate, Ganderbal. 4. Certain disputes inter se the heirs of Nand Lal Shangloo and Noor Mohd Sheikh-respondent No. 7 are stated pending in the Civil Courts. 5. In these circumstances, when the disputes inter se, parties were pending in Civil Courts, this Writ Petition may not need further adjudication by the Court, as the grievance projected by the petitioner in the Writ Petition stands redressed with the District Magistrate's taking control of the property 6. This petition is, therefore, disposed of by providing that the property in question shall remain under the control and protection of District Magistrate, Ganderbal. This shall, however, be subject to the orders of the Civil Courts in seizin of the dispute over the property in question.