Ravi Kumar & ors. vs State of J&K & ors.

Heard Ms. Arti Bahl, learned counsel appearing for the petitioners as also Mr. Ehsan Mirza, learned Deputy Advocate General appearing for

the respondents who states that by nature of the relief sought for in the writ petition and the order passed by the Deputy Commissioner Jammu, the

writ petition can be disposed of at this stage as there is no private party.

In any event, what is sought to be implemented has all the ingredients of principles of natural justice. Order forming Annexure -B passed by the

Deputy Commissioner Jammu reads as follows:

Sub: Prayer of inhabitants of village Arnia, Shera Chak, Talhar andMoola Chak regarding stopping the encroachment of the link

road/lane leading towards all villages in Arnia Tehsil Arnia District Jammu. Sekeing immediate action against land grabbers

accordingly.

O R D E R

Whereas, the inhabitants of village Arnia, Shera Chak, Talhar and Moola Chak of Tehsil Suchetgarh has represented an application

for protecting their right of using old road/pathway from encroachers which they have been using since long.

Whereas, a report was called in this regard from Tehsildar Arnia and Suchetgarh.

Whereas, both the Tehsildars in their report have stated that the old pathway as per revenue record has been demarcated in presence

of the inhabitants and restored to them.

Whereas, the inhabitants of village Arnia and Chak Shera have again represented and alleged that the bandobasti pathway as

recorded in the revenue records old and new has not been restored.

Whereas, encroachment of pathways is strictly prohibited under the provision of Common Land Regulation Act and any

encroachment whatsoever is liable for eviction under the said Act after following due procedure of law.

As such, it is hereby ordered that Assistant Commissioner (Rev.) Jammu shall fix a date with convenience of both officials and private

applicants and conduct a demarcation which shall become the basis for final decision.

(Simrandeep Singh) IAS

Deputy Commissioner

Jammu.

NO: DCJ/SQ/Pathway-Chak-Shera/2016-17/812-14

Dated 30.06.2016

The grievance of the petitioner is that despite such an order being passed, the authorities concerned have not taken action to remove the

encroachments and restore the pathway.

Mr. Ehsan Mirza, counsel appearing for the respondents states that order dated 30.06.2016 is more clear and precise. There is a specific

direction to the Assistant Commissioner (Rev.) Jammu to fix a date, taking the convenience of both the officials and private applicants and

thereafter conduct the process of demarcation of the pathway. There is also a further direction to remove all forms of encroachments. This Court

finds that the order is clear and appropriate. All that is required is implementation.

In this view of the matter, the Deputy Commissioner Jammu is directed to ensure that his order is implemented in letter and spirit. He shall

ensure that the Assistant Commissioner (Rev.) Jammu conducts the meeting as directed in the proceedings dated 30.06.2016 promptly.

Since the Deputy Commissioner has taken prompt action on the complaint filed by the inhabitants of Village Arnai, Shera Chak, Talhar and

Moola Chak of Tehsil Suchetgarh for removal of encroachment in the link road /lane leading to all these villages, no further order is required except

to direct him to ensure that his order is complied without default, within a time frame. The authorities to strictly follow principles of natural justice to

avoid allegation of arbitrariness.

The Writ petition stands disposed of on the above terms.