OWP/1399/2015 of PARAMJIT SINGH AND ANOTHER Vs STATE OF JK AND OTHERS on 21 July 2026

ORDER

21.07.2026

1. The institution of this writ petition came to take place on 10.08.2015 with two petitioners namely Paramjit Singh and Rajinder Singh, sons of Bachan Singh, coming forward with a cause of action emanating from issuance of order dated 22.06.2015 from the end of Sub Divisional Magistrate (SDM), Beerwah thereby directing a course of action for the eviction the two petitioners from the land measuring 9 kanals in Survey No’s. 901/325, 184 min and 42 min estate Ichehama, Sr. No. 5 Regular Cause List standing in the ownership of respondent No.5- Ajeet Singh who is the registered migrant entitled to the effects of J&K Migrant Immovable Property (Preservation Protection and Restraint on Distress Sales) Act 1997.

2. The impugned order No. SDM/Brw/Estt/15/234- 37 dated 22.06.2015 of the Sub Divisional Magistrate, Beerwah District Budgam comes up with the recital about the confirmed ownership status of respondent No.5- Ajeet Singh.

3. The impugned order bears a recital about the indulgence of the Joint Agrarian Reforms Commissioner Kashmir, Srinagar in terms of his order dated 30.06.1989 and of Jammu and Kashmir Special Tribunal order dated 02.12.1991 which came to restore the ownership status of the respondent No.5 vis-à-vis the land in question rendering the two petitioners as non owner qua said very property and, thus, being in unauthorized occupation of said proprietary land of respondent No.5- Ajeet Singh.

4. The two petitioners herein have challenged the order of the Sub Divisional Magistrate, Beerwah on the ground that they were condemned unheard.

5. From a bare perusal of the recital in the impugned order No.SDM/Brw/Estt/15/234-37 dated 22.06.2015, this Court cannot escape from the fact that the Sub Divisional Magistrate, Beerwah District Budgam had not put the two petitioners to notice for appearance and explaining their stand point vis-à-vis the application of the respondent No.5- Ajeet Singh whereby eviction of the two petitioners from the land of the respondent No.5- Ajeet Singh was being solicited by reference to J&K Migrant Immovable Property Act, 1997.

6. This writ petition has remained on docket of this court for the last more than ten years and has brought no productive end, be it to the petitioners or to the respondent No.5.

7. This Court, therefore, deems it appropriate to dispose of this writ petition by setting aside order dated 22.06.2015 of the Sub Divisional Magistrate, Beerwah, District Budgam not on its merit but on the point of non compliance of the rules of natural justice, with a direction unto the District Magistrate, Budgam to call for the record of the case from the Sub Divisional Magistrate, Beerwah, District Budgan by reference to the application

of the respondent No.5- Ajeet Singh and upon affording an opportunity of hearing to both the petitioners, dispose of said application of the respondent No.5- Ajeet Singh on merits and in accordance with the law which is meant to be invoked by the respondent No.5 for purported eviction of the petitioners from the land claimed by the respondent No.5 to be vested in terms of ownership.

8. The legal heirs of petitioner No.1, the petitioner No.2 as well as respondent No.5- Ajeet Singh are directed to appear before the District Magistrate, Budgam on 19th of August 2026 whereupon the District Magistrate, Budgam shall initiate the proceedings on the File by summoning the requisite File from the Sub Divisional Magistrate, Beerwah District Budgam and dispose of the matter within a period of next six months, legal representatives of petitioner no.1 and the petitioner No.2 himself.

9. Disposed of.

(RAHUL BHARTI)

JUDGE

SRINAGAR 21.07.2026 “Opinder”