VILLAGERS OF FRISLUNA TAH PAHALGAM Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Petitioners, residents of village Frisluna of Tehsil Pahalgam of District Anantnag are seeking mandamus to effectuate their cattle grazing rights in an area of land recorded as such in the village and prohibition to restrain respondents from interfering with grazing rights of the villagers.

(2.) Petitioners aver that they and their fore-fathers have been earning their livelihood by rearing cattle in Kacharai land recorded as gairmumkin pahad/kohistan and Banjri Qadeem within the boundaries of village Frisluna. The land running in hundreds of 'kanals is used as grazing land by their cattle from time immemorial and revenue authorities even so acknowledged it in records, Bakerwal (Nomade who come in pursuant of pastures to feed their cattle, have without any right or authority occupied a part of land and are in litigation with villagers before the revenue authorities/agencies. Instead of the Bakerwala being evicted, the Rashtriya Rifles Battallion located in the area has intervened on behalf of bakrewalas and are harassing villagers and are not allowing them to graze their cattle and thereby depriving them from Khancharai rights.

(3.) Respondents 1 to 4 and 7 have filed reply through respondent No. 7 Besides pursuant to directions of this Court at motion stage on 9-2-98, Dy. Commissioner Anantnag respondent No. 7 has also filed compliance report cum statement of facts in the matter, which is also available on record. Respondents 5 and 6 have not filed reply despite opportunity.