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HC dismisses Safia Abdullah Khan’s petition

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‘Eviction of occupiers of state land’

Srinagar: J&K High Court today dismissed a petition by Safia Abdullah Khan, daughter of former chief minister Dr Farooq Abdullah, praying cancellation of a “list issued in furtherance of” circular that calls for the eviction of occupiers of state land.

The list according to Dr Abdullah’s daughter mentions her land measuring 2 Kanals 14 Marlas and 138 Sqft in Estate Sonwar Tehsil North Gupkar Srinagar.

Justice W S Nargal cited the categorical statement by official counsel who termed the list as fake. Justice Nargal consequently adjudged “the present writ petition has been filed on mere apprehensions and thus, is not maintainable”.

The specific case set up by the petitioner is “the government authorities have issued the list in furtherance of circular no. 02-JK (Rev) of 2023 dated 09.01.2023. The list is in public domain with regard to eviction of alleged unauthorized occupants from Government/State land”.

“The official roll pertains to the land of petitioner measuring 2 Kanals 14 Marlas and 138 Sqft falling under Khasra No. 8 and 8/1 situate in Estate Sonwar Tehsil North Gupkar Srinagar,” said the petioner’s lawyer.

The circular regards the eviction of alleged unauthorized occupants from government/state land in as much as, it pertains to land of Safiya Abdullah, the lawyer said.

“The land was leased out to the petitioner vide Government Order No. Rev (NDK) 02 of 2011 dated 04.01.2011 read with Government Order No. Rev(NDK) 16 of 1989 dated 23.02.1989 read with Government Orde3r No. Rev(NDK) 08 of 20009,” he said.

The petitioner’s layer further said, “the lease deed dated 01.12.1976 is valid, subsisting and is in force till 26.08.2026. It is illegally and unlawfully shown to be encroached land at Item No. 4299 and 4312 of the said list”.

He sought a direction “restraining the respondent authorities  in particular respondents from disturbing/and/or interfering with the peaceful use occupation and possession of the aforementioned leased land”.

He claimed that his lease deed is in force till 26.08.2026 but has been shown as encroached land liable for eviction.

The original lessee of the land was Tariq Abdullah son of Sheikh Abdullah. In 2006 the lessee died and the lease hold rights as well as rights pertaining to the house constructed on it devolved upon his legal heirs.

Its inheritors were Dr Mustafa Kamal, Mst Khalida Shah, Mst Suriya Sahah and Dr Farooq Abdullah, the other scions of Sheikh Abdullah. The document of transfer was duly recorded in the mutation order of revenue records, petitioner’s lawyer said.

On asking of the court, Mohsin Qadiri the senior additional advocate general, vehemently disputed the list placed on record by counsel for the petitioner Safiya.

He said that it is not an official document and went to the extent of saying “this is a fake document and has not been issued by the respondents at all”.

At this stage counsel for the petitioner sought leave of the court to withdraw the writ petition which was accordingly dismissed as withdrawn and dismissed.

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