IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT JAMMU.

WP(C) No. 698/2023

Writ petition under Art 226 of the Constitution of India.

Matter pertains to District Kathua.

1. Om parkash & Anr.

…PETITIONERS

VERSUS

1. Commissioner cum Secretary J&K Revenue

Department & Ors.

…RESPONDENTS

IN THE MATTER OF: -

CM on behalf of respondent No. 04
under rule 67 of JK High Court rules
seeking vacation of ex-party interim
order dated – 31-03-2022 and
permitting the applicant renovate the
residential house/cattle shed under
khasra No. 2240 situate at Village
Dungara, Kishanpur pending disposal
of the writ petition.

MAY IT PLEASE YOUR LORDSHIPS;

The applicant/respondent No. 04 most respectfully submit as
under:-

1. That the aforesaid petition has been

filed by the petitioner suppressing material facts and has obtained
an ex-parte interim order dated 31-03-2022. Copy of the said order
is enclosed herewith and marked as ANNEXURE-I.
2. That applicant/respondent no. 04 is in
possession of the said land since 1997 when he was put in
possession by the petitioner after getting the full consideration
amount as under the Agrarian Reforms Act, the sale and purchase
was prohibited in 1997 hence by an agreement to sell, the
petitioner agreed to execute the sale deed when the ban is lifted
and execute the agreement to sell after getting the full
consideration amount. Copy of the power of attorney along with the
 lease deed to sell is enclosed herewith and marked as
ANNEXURE – II & III respectively.
3. That as per the terms of the lease
deed and power of attorney, the applicant was fully authorized to
utilize the land by bringing it under agricultural occupation and by
raising necessary construction for residential as well as livestock
purposes.
4. That with the passage to time,
petitioner turned dishonest and has failed to execute the sale deed
and has now started harassing the applicant/respondent No. 04 by
involving him in baseless litigation. The court below has
appreciated the facts of the case and thereafter has rejected the
suit/appeal of the petitioner which is challenged in this writ petition
even though alternative remedy under law is available against the
order of Collector Agrarian Reforms which has not been availed by
the petitioner.
5. That the applicant/respondent No. 4 is
a nomadic/tribal person whose main source of livelihood is raring
of cattle and sustaining of himself from the milk produce, at present
applicant has a livestock of 10 buffalos and 10 goats and are
housed in a cattle shed which is in diluted condition. The
residential house /shed of the applicant needs renovation in view of
the marriage of his son after a month.
6. That in case applicant/respondent no 4
is not permitted to renovate the cattle shed and residential house,
the applicant shall suffer an irreparable loss and his right to
livelihood is also jeopardized.
7. That applicant has not moved similar
application earlier and is moving this application compelled by the
circumstances.
8. That the applicant reserves his right to
add additional grounds at the time of hearing.

IN THE PREMISES
it is most humbly prayed that –

the applicant may be permitted to renovate his

residential house/cattle shed over the piece of land covered under survey
 no. 2240 (2 kanals 10 marlas) situate at Village Dungara, kishanpur
Tehsil Bilwara Distt Kathua.

PETITIONERS
THROUGH COUNSEL
Dated:
Place:

IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT JAMMU.

WP(C) No. 698/2023

2. Om parkash & Anr.

…PETITIONERS

VERSUS

2. Commissioner cum Secretary J&K Revenue

Department & Ors.

…RESPONDENTS

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF CM.

I, Ali Hussain Age 60 years S/o Miana R/o Kishanpur Dhingaru

Tehsil Bilawara Distt kathua, do hereby solemnly affirm and
declare as under -
1. That the accompanying application has been read over and
explained to me and the contents of the para No.____ to ____
of the application are true and correct as per my knowledge
and those of para No.____ are true as per information
received from record and those of remaining paras ____ to
____ are bases on legal advice.
2. The deponent is the respondent No. 04 in the above titled
writ petition, he is well versed with the facts and
circumstances of the case, and hence he is competent to
swear the instant affidavit.
 I solemnly swear/affirm that the affidavit is true, no part of
this is false and nothing has been concealed.

Place: Jammu
Dated:

DEPONENT