Srinagar, Feb 06: A plea challenging a list regarding eviction of alleged unauthorized occupants from State land filed by the Member of Lok Sabha, Dr. Farooq Abdullah’s daughter, Safia Abdullah Khan was “dismissed as withdrawn” by the High Court of Jammu & Kashmir and Ladakh.
Justice Wasim Sadiq Nargal said that the present writ petition has been filed on mere “apprehensions” and thus, is not “maintainable”.
The court dismissed the plea after additional advocate general Mohsin Qadri representing the government submitted that the “list” is not an “official document” and this is a “fake document” and has not been issued by the government authorities at all.
He further submitted that the list is not the part of the circular which has been issued by the government on January 09, 2023 and, thus, no cause of action has accrued to the petitioner to file the present writ petition.
Qadri further submitted that as on date the petitioner does not figure in the list of the encroachers against whom the action is being taken or likely to be taken by the respondents and,”therefore, the writ petition deserves to be dismissed at this stage.”
The court after hearing the respondent counsel said, “In view of the aforesaid categoric statement made by learned counsel for the respondents, the present writ petition has been filed on mere apprehensions and thus, is not maintainable.”
The counsel representing Safia Abdullah Khan without rebutting the submissions of the government counsel sought leave of the court to withdraw the writ petition.
Accordingly, the court dismissed the writ petition as “withdrawn” along with all connected miscellaneous applications.
The plea filed by Khan stated that the list issued by government in public domain in furtherance of a circular issued on January 09, 2023, regarding eviction of alleged unauthorized occupants from government or State land pertains to the land of petitioner measuring 2 Kanals 14 Marlas and 138 Sqft falling under various Khasra numbers situated at Estate Sonwar near Gupkar Srinagar has been illegally and unlawfully shown to have been encroached by the petitioner in the said list.
It was stated that the said land was leased out to the petitioner vide various government orders and lease deed dated December 01, 1976 being valid, subsisting and is in force till August 26, 2026.
The petitioner through counsel pleaded that on the expiry of the period of 40 years, the lease hold rights for the said land were extended by the government vide order dated February 23, 1989 for a period of further 40 years with effect from August 26, 1988.
It was further pleaded that on the death of Tariq Abdullah in the year 2006, who was the original lessee of the said land, the lease hold rights as well as rights pertaining to the house constructed on the said land being inheritable, devolved upon his legal heirs being Dr. Mustafa Kamal, Khalida Shah, Suriya Shah and Dr. Farooq Abdullah and the same was duly recorded in the Mutation Order No. 2712.
