Mohammad Shafi Sofi vs Union Territory Of J And K And Ors on 4 April, 2025

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04.04.2025

1. The petitioner is faced with a situation of his eviction with

reference to an undefined and undescribed migrant land

adjoining the House No. 281 located near Bata Naag Tral- i-

Payen in terms of an Order No. ADC/Tral/R/2024-25/986-88

dated 28.02.2025 passed by the Additional Deputy

Commissioner, Tral purportedly acting in exercise of power

under the Jammu and Kashmir Migrant Immovable Property

(Preservation, Protection and Restraint on Distress Sales) Act,

1997. The passing of the order is at the instance of one-Sanjay

Kumar son of Dammodar Lal.

2. The petitioner’s grievance is that the passing of said Order No.

ADC/Tral/R/2024-25/986-88 dated 28.02.2025 by the

Additional Deputy Commissioner, Tral is not only without

any due and proper inquiry by affording the petitioner an

opportunity of being heard but also without bearing any
reasons inasmuch as the exact location and site of the property

wherefrom his eviction is intended has not been spelled out in

the order itself leaving every scope for mischief to be played

against him under the garb of the order in reference.

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