Justice Tashi Rabstan of Jammu and Kashmir High Court Wednesday directed the Commissioner/Secretary to Govt. Revenue Department, Deputy Commissioner Srinagar, Custodian General, Evacuee Property, Custodian, Evacuee Property Kashmir, Inspector General of Police Kashmir Range, Senior Superintendent of Police Srinagar and SHO, Police Station, Ram Munshi Bagh, Srinagar to maintain status quo as on date till next date of hearing before the Bench with regard to the peaceful/uninterrupted possession of Tariq Hameed Karra (petitioner) in respect of land covered under various survey numbers situated at Revenue Estate Shivpora, Srinagar.These court directions were passed in a writ petition filed by Former Member Parliament Tariq Hameed Karra seeking directions to the Custodian General J&K, Deputy Custodian General J&K and Custodian Evacuee Property Kashmir to pass appropriate orders on the claims made by him for de-notifying and restoration of the aforementioned land situated in Revenue Estate Shivpora, Tehsil South Srinagar in favour of the petitioner as he has already approached the said authorities for restoration/de-notification under the Jammu and Kashmir State Evacuees (Administration of Property) Act, 2006. The petitioner has also sought directions for taking appropriate action against all those who intend to grab the aforesaid land of the petitioner for which Evacuee Property Authorities are already seized of the matter.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner Tariq Hameed Karra, Justice Tashi Rabstan issued notices in the writ petition as well as in the Miscellaneous Petition to the aforementioned functionaries of the State Government and in the meantime subject to objections and till next date of hearing before the Bench, Justice Tashi Rabstan directed the maintenance of status quo.According to news agency CNS, it is contended in the petition that the petitioner has resigned both from primary membership of the PDP and as Member of Parliament and with his resignation different authorities including land mafia got activated at the behest of rivals of the petitioner by joining hands with the encroachers and extending complete support to them in order to deprive the petitioner from his land.It is further submitted that the petitioner is a protected person and cannot move freely, is not in a position to physically stop the encroachers and number of encroachment bids have been made by the organized gang of land mafia.
They have full patronage of certain hidden hands in police and revenue agency and the petitioner reported the matter to the senior functionaries of the State Government and also apprised them about his physical possession over the said land, being the successor of the original owners and his claim being pending before the Evacuee Property authorities for de-notification of the land, but the authorities are not paying any attention towards the petitioner solely for the reason that the petitioner has resigned from the ruling party and also as Member of Parliament and the petitioner apprehends that similar attempts will again be made by the land mafia having patronage of people in power in order to dispossess him from his landed property, which is yet to be de-notified by the Evacuee Property Department and for which the petitioner is only entitled as per the law of the land.
The petitioner has a right to remain in possession of the said land till the same is properly de-notified as per provisions of Evacuee Property Act, but the only apprehension is the forcible dispossession of the petitioner at the hands of land mafia who are openly claiming to enjoy the political clout and even the local police despite various directions is not coming to the rescue of the petitioner. The petitioner reported the matter to Police Station Ram Munshi Bagh Srinagar but no action was initiated. Evoking no response from the SHO Police Station Ram Munshi Bagh, the petitioner was compelled to approach the Senior Superintendent of Police Srinagar, who also remained unmoved for the reasons best known to him. Compelled by the in-action on the part of SSP Srinagar, the petitioner was constrained to move an application before the Chief Judicial Magistrate Srinagar for seeking status from the concerned police station regarding the application of the petitioner and also for lodgment of the FIR against the culprits. (CNS)