GH MOHD RATHER Vs. STATE
LAWS(J&K)-1982-2-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 16,1982

Gh Mohd Rather Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) IN a writ petition an order of stay came to be passed by the Court on 18 -1 -1982 which is in the following terms: ".........Issue notice in the stay matter also. Meanwhile, the contraction of building in any Khasra No: other than 1166/ Min shall not be commenced and if commenced shall be immediately stopped. Srinagar. 18 -1 -1982.
(2.) AN application has been filed by respondent Noâ„¢s: 5, 6 and 7 summiting the order of stay be vacated as the building being now built for Sheep and Animal Husbandry Department in Khasra No : other then in the order of the Revenue Ministry also belongs to the Government and it was within the competence of the Government to built on either of the two pieces of land when both of them belonged to the Government. From Khasra Intikhab and Khasra Girdawari it also appears that both these Khasras belong to the State - From the perusal of the Cabinet order it, however, appears that the permission to build has been given only in Khasra No : 1166/Min No order changing this Khasra No : issued by the Government has been produced by the learned counsel for respondents 5, 6 and 7 who has filed this application for the vacation of the stay order. It has been, however, submitted by the learned counsel that both the pieces of land belong to the Government and therefore Government or Government Officers were entitled to change the venue and built on any Khasra No. If the same belong to the Government. The second submission made by the learned counsel was that the petitioner has no locus standing to file the writ petition.
(3.) IT appears to me that every citizen of the State was within his sight to see that the orders passed by the Government are carried out if the orders are passed in accordance with law. If in this case the Government itself has in its order stated that the proposed building for Sheep and Animal Husbandry Department should be built in Khasra No: 1166/ Min it must be done in that very Khasra No : unless it is changed again by another Government order. It is submitted by the learned counsel for the respondents 5, 6 and 7 that the building concerned is being built not in Khasra No : 1166/Min but in some other Khasra No : i. e. 1951. under the circumstances. I feel that the petitioner has a locus standing to file the writ petition and that he as every right to see that the Government order is carried out in letter and spirit. The stay order passed by this Court on 18 -1 -1982 requires no amendment at present and is made absolute and confirmed. The application for its vacation is therefore rejected. C. M. P. 57/82 is, accordingly disposed of.;


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