Jammu & Kashmir High Court – Srinagar Bench
Ghulam Nabi Sofi vs Union Territory Of J&K & Ors on 23 December, 2024
Author: Sanjay Dhar
Bench: Sanjay Dhar
04
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 3013/2024
CM No. 8191/2024
Ghulam Nabi Sofi
..... Petitioner (s)
Through: Mr. Musavir Mir, Adv.
V/s
Union Territory of J&K & Ors
..... Respondent(s)
Through: Mr. Mubashir Majid, Dy. AG.
Mr. Syed Faisal Qadiri, Sr. Adv.
with Mr. Salih Pirzada, Adv.
Coram:
Hon'ble Mr. Justice Sanjay Dhar, Judge.
ORDER
23.12.2024
The petitioner through the medium of present petition has challenged
order dated 26.09.2024 passed by the learned Financial Commissioner,
Revenue, J&K, Srinagar whereby appeal filed by the petitioner against
order of eviction dated 06.06.2024 passed by the District Magistrate,
Budgam has been dismissed on the ground that the same is barred by
limitation.
The petition raises important question of law as to whether the
provisions contained Section 5 of the Limitation Act apply to the
proceedings under Jammu and Kashmir Migrant Immovable Property
(Preservation, Protection of Distress Sales) Act.
In view of the above, the writ petition is admitted to hearing.
Asif Gull
I attest to the accuracy and
authenticity of this document
23.12.2024 03:33
Page |2
WP(C) No. 3013/2024
CM NO. 8191/2024
Issue post admission notice to the respondents.
Mr. Mubashir Majid, learned Dy. AG and Mr. Salih Pirzada,
Advocate enter appearance and accept post admission notice on behalf
of the respondents.
Counter affidavit be filed by next date of hearing with copy in
advance to learned counsels for the respondents.
List for final hearing on 13.03.2025.
In the meantime, no third-party interest in respect of the property
which is subject matter of this writ petition shall be created by the
petitioner. This would, however, not come in the way of the official
respondents in proceeding further in the matter.
(Sanjay Dhar)
Judge
SRINAGAR
23.12.2024
Aasif
Asif Gull
I attest to the accuracy and
authenticity of this document
23.12.2024 03:33
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