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Court Order on AAY Shed Dispute

Ghulam Nabi Naik has filed an application against Fayaz Ahmad Naikoo and others, requesting the Block Development Officer to halt payment for the construction of an AAY Shed on land he claims ownership of, which he alleges has been wrongfully sanctioned to the non-applicants. The applicant asserts that he has been forcibly dispossessed of his land and that the non-applicants have misrepresented facts to obtain the sanction. He seeks the court's intervention to prevent any payments until the ongoing civil suit is resolved.

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0% found this document useful (0 votes)
41 views5 pages

Court Order on AAY Shed Dispute

Ghulam Nabi Naik has filed an application against Fayaz Ahmad Naikoo and others, requesting the Block Development Officer to halt payment for the construction of an AAY Shed on land he claims ownership of, which he alleges has been wrongfully sanctioned to the non-applicants. The applicant asserts that he has been forcibly dispossessed of his land and that the non-applicants have misrepresented facts to obtain the sanction. He seeks the court's intervention to prevent any payments until the ongoing civil suit is resolved.

Uploaded by

Syed Mudasir
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BEFORE THE HONOURABLE COURT OF LD.

ASSISTANT
COMMISSIONER DEVELOPMENT ANANTNAG.

IN THE CASE OF :- Ghulam Nabi Naik


Adopted son of Ghulam Rasool Naik
R/o Ahlan Gadole tehsil Kokernag
district Anantnag.

V/s.
…Applicant…
1. Fayaz Ahmad Naikoo
2. Gulzar Ahmad Naikoo
3. Ashraf Naikoo
4. Barkat Ali
All sons of Mohd. Ramzan Naik
5. Abdul Gani Naik S/o Jamal Naik
All Residents of village Ahlan
Gadole
Tehsil Kokernag District Anantnag.
6. Block Development Officer Kokernag.

…Non-applicants… In the Matter of :- Application with the


prayer that Payment for construction of AAY SHED at
village Ahlan Gadole upon survey number 1478 recorded
in the name of applicant be stopped till further orders.

May it please your honour sir,


The application is most humbly submitted as under:-
1. That applicant is recorded owner of land measuring 04
kanals and 18 Marlas falling under survey number 1478
situated at village Ahlan Gadole Tehsil Kokernag however
the applicant has been forcibly dispossessed by the non-
applicants 1-5 and thereafter have filed a civil suit before
the honourable court of Ld. Special Mobile Magistrate
Anantnag and which has been filed by the non-applicants
1-5. same can be transpired from p/s copy of the suit copy
of which is annexed herewith for kind perusal as Annexure
-A.
2. That non-applicant no.6 has sanctioned AAY Shed in
favour of Fayaz Ahmad Naikoo as the land on which it is to
be constructed belongs to applicant and it’s the applicant
alone who is entitled to receive the benefit of the land
including mesne profits which the applicant would have
earned from the aforesaid land.
3. That Non-applicant have approached the office of Non-
applicant No.6 with the application that AAY Shed be
sanctioned in favor of Fayaz Ahmad Naik and have
supressed the material fact before the BDO Kokernag that
they have filed a civil suit before the honble court of
Special Mobile Magistrate Anantnag and have deceived
the BDO Kokernag and have fraudulently managed to get
the said AAY sanctioned in his name.
4. That the inaction on the part of non-applicant have not
only caused monetary loss to applicant but have also
caused irreparable loss to the applicant which later on can
be compensated monetarily.
5. That applicant has requested the non-applicant No.6
not to release the money in favour of non-applicant 1-5 for
the construction of AAY Shed but non-applicant 6. has not
listened to the requests of the applicant though he was
apprised about the pendency of civil suit before the
honourable court of Special Mobile Magistrate Anantnag,
and the applicant has been constrained by the
circumstances to file the present application before this
office.
6. That non-applicants illegally and unauthorisedly have
narrated the false facts before the office of Non-applicant
No.6 in order to derive wrongfull gain to themselves and
have caused wrongful loss to the applicant.
7. That applicant crave for the leave of this honourable
court to take further pleas both factual as well as legal at
the time of arguments.
8. That application is supported by a duly sworn affidavit.
IN THE PREMISES, It is as such prayed that , application be
kindly allowed and Block Development Officer may kindly
be directed not to release the payment in favor of non-
applicants 1-5 till the suit is disposed off by the
honourable civil court.
Any other order relief or direction which this honourable
court may deem fit and proper in the facts and
circumstances of the case be passed in favor of applicant
as against non-applicants.
BEFORE THE HONOURABLE COURT OF ASSISTANT COMMISSIONER
DEVELOPMENT AT ANANTNAG.

IN THE CASE OF:- Ghulam Nabi Naik v/s Fayaz Ahmad Naik & Ors.

I, Ghulam Nabi Naik Adopted son of Late Ghulam Rasool Naik R/o village
Ahlan Gadole Tehsil Kokernag, District Anantnag, do hereby solemnly
affirm and declare as under :

1. That accompanying application has been prepared under my


instructions.

2. That the contents of paras 1 to of the application are correct


and true to the best of my knowledge.

3. That I further solemnly affirm and declare that this affidavit of


mine is correct and true to the best of my knowledge and no part of
it is false and nothing material has been concealed therefor.

Deponent

Verification:- verified that above stated contents are true and


correct to the best of my knowledge and belief and nothing material
has been concealed therein.

Deponent

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