Early Times Report
JAMMU, Jan 5: In a petition filed by one Subash Chander Sharma of Patoli Brahmana, seeking a restriction on revenue authorities to issue Fard Intikhab Aks Shajra of a piece of land in favour of one Shilpi Mahajan of Trikuta Nagar, high court judge B S Walia has restrained her from alienating the land in favour of other persons till the final disposal of the writ petition. The judge observed that the Shilpi's counsel had not opposed the prayer made in the petition for restraining the revenue authotities, ie respondent No 1 to 9, from issuing Fard Intikhab Aks Shajra in her favour for alienating the land held by her in favour of other persons till the final disposal of the writ petition.
"In view of the statement of Shilpi's counsel, the petition is allowed and she is restrained from alienating the land held by her in favour of any person till the final disposal of the writ petition," Justice Walia said.
Earlier, the petitioner's counsel stated that Shilpi was misusing the land in question by raising construction on it in violation of the provision of the Land Revenue Act, Agrarian Reforms Act and Land Alienation Act.
In reply, the respondent's counsel submitted that "in any case construction being raised would be subject to the outcome of the writ petition and in the eventuality of the writ petition being allowed, construction by her on the land would be removed by her at her own risk and cost and no equity would be claimed in respect thereto by her".
"The statement of respondent's counsel satisfies the counsel for petitioner and is taken on record. The respondent would abide by the aforementioned statement given on her behalf by her counsel," the court observed.
The court ordered to list the etition for consideration in the 2nd week of February, 2016. Objections, if any, be filed by respondents on or before the next date with a copy in advance to the petitioner's counsel, the court said.
There are ten respondents in the petition, including Shilpi who figures at No 10. The other nine are: J&K state through revenue commissioner, divisional commissioner, Jammu, deputy commissioner, Jammu, deputy commissioner, Samba, and tehsildars of Jammu, Jammu North, Samba, Vijaypur and Bari Brahmna. |
