Abdul Gani Mir vs Union Territory Of JK And Ors

Sanjeev Kumar, J

The short grievance projected by the petitioner in this petition is that he has raised construction of his residential house on his proprietary land falling under Khasra No. 1092/818 situated at Uricharsoo District Pulwama and that the Tehsildar Pulwama is threatening to demolish his residential house on the plea that it is raised on the Kahcharie land. The petitioner claims to have approached the Deputy Commissioner, Pulwama, by way of an application dated 29th March, 2022. It is further grievance of the petitioner that the Deputy Commissioner, who has received his application in this regard, is not acting in the matter and he faces immediate threat of demolition of his house. The petitioner, however, has not placed on record any proof that he has approached the Deputy Commissioner nor the application claims to have been submitted before the Deputy Commissioner, Pulwama, contains full particulars of the land claimed to be owned and possessed by the petitioner under Khasra No. 1092/818.

Be that as it may, the fact remains that the remedy of the petitioner against the action or inaction of Tehsildar Pulwama under Jammu and Kashmir Land Revenue Act lies before the Deputy Commissioner and, therefore, the petitioner cannot be permitted to circumvent that remedy and come straightway to this Court invoking extraordinary jurisdiction.

For the foregoing reasons, this writ petition is not entertainable before this Court and the petitioner is relegated to approach the Deputy Commissioner, Pulwama, by way of formal application with regard to his complaint against the Tehsildar. Needless to say, that in case any such application is moved by the petitioner within one week, the same shall be disposed of by the Deputy Commissioner one way or the other with reasonable dispatch, preferably, within a period of four weeks after putting all the stake holders on notice.