Sanjeev Kumar ORDER
Sanjeev Kumar, J.
1. Petitioner is aggrieved of and seeks quashment of Order No. 98 of 2016 dated 13th June 2016 (Annexure D with writ petition) passed by Custodian General, J & K, Srinagar (respondent No. 2), leasing out evacuee land measuring 10 Marlas comprising Khasra No. 51 belonging to Main Sulaiman Asif, situated at Village Sangam District Anantnag, in favour of Shabir Ahmad Itoo and Abdul Basit Dar (respondents 9 & 10). He also seeks quashment of lease agreement dated 28th November 2016 (Annexure D with petition), lease deed (Annexure H with petition) as also NOCs (Annexure F & J with petition). A direction is also sought in the name of respondents to issue public notice for making fresh allotment of the land in question and to allot the same to highest bidder in public auction and respondents 5 & 6 not to allow respondents 7 to 10 to make any construction on land in question.
2. Reply has been filed by respondents 2, 3 & 4, in which they insist that land in question is "Maidani" and not agricultural. It has been leased out to respondents 9 & 10 for a period of 40 years in light of new policy/guidelines in vogue and on the terms and conditions contained in impugned order.
3. Respondents 7 & 8 (J & K Bank Limited) in their counter affidavit aver that respondent bank is holding its branch office in the building, owned by petitioner. Respondent bank is said to have entered into a lease agreement with respondents 9 & 10, by which they have agreed to lease/rent out to respondent bank a commercial building with carpet area of 2700 sq.ft. in first floor situated at Sangam, Anantnag, for a period of 15 years from the date of handing over of actual possession of the premises. The construction of aforesaid premises is said to have been in progress, but because of interim order dated 10th January 2018, passed by this Court, further progress has not been reportedly made.
4. Respondents 9 & 10, in their Reply, insist that petitioner is landlord of old premises of J & K Bank, Branch Unit Sangam, and he, under the garb of instant writ petition, wants to create impediment in shifting of Bank from his premises to new building, leased out by respondents 9 & 10 to respondent bank. According to respondents, land in question has been allotted to them by respondent Evacuee Department by impugned order for a period of 40 years. It is maintained that land in question measuring 10 Marlas was under occupancy of Ama Dar S/o. Sultan, and after his death, his daughter, namely, Taja, was in possession thereof. She, however, surrendered possession of Evacuee Land to respondents 9 & 10 as being relative, besides the department was also benefited by leasing out the land in question to respondents 9 & 10 as it earned the revenue. Otherwise also, land in question was not fetching any thing to respondent department because the same was under occupancy/tenancy of Ama Dar and after his death in possession of Mst Taja. The respondent department could not have used this type of land for any commercial purposes, unless occupant/tenant surrendered it to any person. Respondents 9 & 10 claim that since land in question was in occupancy/tenancy of Ama Dar S/o. Sultan and thereafter his daughter, Mst Taja, as such, land in question could not be auctioned. She surrendered/transferred tenancy right to respondents 9 & 10, which possession of respondents 9 & 10 was rightly regularised by department. It is also stated that it is nowhere provided in the Act that vacant land should be necessarily auctioned.
5. I have heard learned counsel for parties and considered the matter.
6. From the pleadings of parties, it is evident that land in question, which measures 10 Marlas comprising Khasra No. 51, belongs to one Mian Sulaiman Asif (evacuee) and is presently under care and custody of Custodian General of Evacuee Property. As per revenue extract, placed on record, one Ama son of Sultan was a ........