GHAR SINGH Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-8-19
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 06,2020

Ghar Singh Appellant
VERSUS
Union Territory Of JAndK Respondents




JUDGEMENT

Vinod Chatterji Koul, j. - (1.)Petitioner on the basis of the case set up and grounds taken in instant writ petition, seeks quashment of Order no.TJN/00/20-20/94-98 dated 30th June 2020, issued by respondent no.4, for demolition of residential house of petitioner, with a further direction to respondent no.4 to restrain from demolishing the residential house and taking over forcible possession of the land by dispossessing petitioner.
(2.)It is the case of petitioner that he is owner in possession of landed properties in Village Paloura falling in various Khasra numbers, including Khasra no.987, over which he has constructed a residential house. It is averred that respondent no.4 by impugned order has directed Naib Tehsildar, Paloura, for eviction and demolition of residential house raised by petitioner over land falling under Khasra no.986, by initiating proceedings under Section 133 of Land Revenue Act, without affording petitioner an opportunity of being heard and identifying the land as it appears from the record that petitioner is owner in possession of land falling under Khasra no.987 (04 Kanals 18 marlas) and has constructed residential house and, therefore, there is no question of encroachment over the said land. Petitioner claims that impugned order has been issued with respect to the land falling under Khasra no.986, against respondent no.5, whereas petitioner has raised construction over the land falling under Khasra no.987 and that respondent no.5 is a stranger to the land, having no right or title over the land.
(3.)Respondents 1 to 4 have filed Reply in opposition to writ petition. It is insisted by them that petitioner has misrepresented the facts and has come before this Court with unclean hands. Respondents aver that Khasra no.986 of Revenue Village Paloura comprises land measuring 20 Kanals, which is a Shamilat Land with type of land recorded as Makbooza Ahle Hanood Gair Mumkin Mariya (Child Graveyard) in revenue records. It is maintained by respondents that given pouring in of various complaints and representations qua encroachment of land falling under Khasra no.986, a Demarcation Committee was constituted. The Committee submitted its report on 11th July 2019, unveiling occupation of 03 Kanals and 16 Marlas out of 20 Kanals land by way of construction of houses. It is asserted that a team of Revenue Department headed by respondent no.4 also visited the spot. A detailed report was submitted by it on 25th January 2020, divulging that one person, namely, Vineet Manhas (respondent no.5 herein) was repeatedly encroaching the land under Khasra no.986 and constructed a house illegally and even on previous occasion structure raised by him was demolished. A strict action against respondent no.5 was recommended and it was in sequence thereof that respondent no.4 asked concerned police to lodge FIR against respondent no.5. Besides a notice was served upon respondent no.5 but he ignored the same and continued with the construction. Accordingly, respondent no. 4 under Section 133 of the Land Revenue Act directed eviction of respondent no.5 and others, from Khasra no.986. It is claimed by respondents in their Reply that impugned notice does not pertain to petitioner as he does not have any land in Khasra no.986, more particularly when land under Khasra no.986 is Shamilat Land recorded as Makbooza Ahle Hanood Gair Mumkin Mariya (Child Graveyard) and to buttress this averment, respondents have placed on record revenue documents. Respondents avow that impugned order dated 30th June 2020 has been passed against respondent no.5,who was found to have encroached the land falling under Khasra no.986 and constructed a house and boundary wall thereover and that impugned order has not been passed against petitioner as he is in possession of land falling under Khasra no.987. It is also claimed by respondents that land under Khasra no.986 has been properly demarcated. Respondents, thus, seek dismissal of writ petition.
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