INHABITANTS OF ILLAGE LADU CHAK WAZIR vs STATE AND ORS

The grievance projected by the petitioner in the instant writ petition is that the inhabitants of the village Ladu Chack Wazir, Tehsil Marheen, District

Kathua have passed a Resolution (Annexure-A) to approach this Hon’ble Court so that the order dated 20th June, 2017 passed by the respondent

No. 4, i.e., Tehsildar, Marheen be implemented and the construction of the road from Baba Nar Singh Asthan to village Ladu Chak Wazir be

completed, which has been stopped by the illegal construction on the State land by the private respondent Nos. 6 and 7. Â

By virtue of the aforesaid Resolution, Sh. Dev Raj S/o Sh. Gokul Chand R/o Village Ladu Chak Wazir, Tehsil Marheen, District Kathua has been

authorized to file a petition before this Hon’ble Court on behalf of the inhabitants of the village Ladu Chak Wazir, Tehsil Marheen, District

Kathua.

It is pleaded in the instant writ petition that the department started widening and black topping of the road from Baba Nar Singh Asthan to Village

Ladu Chak Wazir in the year 2014 and upto Khasra No. 248 Min, the road has been completed by the PWD Department under the BADP Agency,

but the work was stopped in Khasra No. 248 Min due to the reasons that the private respondent Nos. 6 and 7 have raised illegal construction of

bathroom in the land belong to State and that too of the kind of KOHL land.

It is further pleaded that the petitioner made an application (Annexure-B) dated 08th January, 2014 to the respondent No. 3 for eviction of the

private respondent Nos. 6 and 7 from the land bearing Khasra No. 248 Min and demolished of the illegal construction, which has been raised by the

private respondent Nos. 6 and 7. The aforesaid application was forwarded by the respondent No. 4 for report and intimation to the respondent No.

3. Thereafter, a detailed Report (Annexure-C) dated 21st January, 2014 was submitted by the respondent Nos. 4 and 5 and Patwari Halqa,

Marheen to the respondent No. 3 and the respondent No. 3 vide order (Annexure-C) dated 17th February, 2014 directed the respondent No. 4 to take

an action under rule at the earliest. As a corollary whereof, nothing was done by the respondent No. 4. Thereafter, the petitioner again made an

application (Annexure-D) dated 18th April, 2017 to the respondent No. 3.

Vide order dated 20 th June, 2017, respondent No. 4 under Section 133 of the Land Revenue Act, 1996 (hereinafter referred to as the Act) passed

an order of eviction of private respondent nos. 6 and 7 from the land bearing Khasra No. 248 Min and the respondent No. 5 was directed to

implement the order (Annexure-E) dated 20th June, 2017 within a period of fifteen days, but respondent No. 5 did not take any step for its

implementation. Then, the petitioner again approached respondent No. 3 and vide order (Annexure-F) dated 02nd November, 2017, respondent No. 3

directed the respondent No. 4 to implement the order dated 20th June, 2017 in letter and spirit. The petitioner is time and again approaching the official

respondents for implementation of the order dated 20th June, 2017, but the respondent No. 5 is not taking any action or steps for the implementation of

the aforesaid order. In this regard, the petitioner also submitted representations ((Annexure-G) to respondent No. 3, but nothing has been done till

today.Â

In the instant writ petition, it has also been pleaded that the respondent No. 5 is duty bound under the aforesaid Act to implement the order dated

20th June, 2017, passed by the respondent No. 4 under Section 133 of the aforesaid Act, but the respondent No. 5 has failed to implement the

aforesaid order and due to non-action of the respondent No. 5, the construction work of the road from Baba Nar Singh Asthan to Village Ladu Chak

Wazir has been stopped and the inhabitants of the Village Ladu Chak Wazir, Tehsil Marheen, District Katha are suffering badly.  Â

During the course of the arguments, learned counsel for the petitioner submitted that the petitioner would feel satisfied, if the respondent Nos. 4 and

5 be directed to implement the order dated 20th June, 2017 in its letter and spirit. Submission made is considered. There is no legal impediment in

granting such relief.

In view of the aforesaid submission made by the learned counsel for the petitioner and in the facts of the case, I deem it appropriate to dispose of

the instant writ petition with a direction to respondent Nos. 4 and 5 to implement the order dated 20th June, 2017 in its letter and spirit. This exercise

shall be carried out expeditiously, preferably within a period of four weeks from the date of receipt of a certified copy of this order. However,

petitioner is at liberty to approach this Court again, if cause survives.

With the aforementioned observations, the writ petition is disposed of along with connected MP.