MOHD. RAMZAN BHAT Vs. STATE

JUDGEMENT

(1.) Petitioner has questioned order dated 23.6.2011 passed by Deputy Commissioner, Srinagar-respondent No. 3 on the grounds taken in the writ petition.

(2.) Private respondents have filed the reply. It is averred that though they had filed a caveat before the Registry but despite of that interim direction came to be granted on 02.08.2011, constrained them to question the same by the medium of Letters Patent Appeal, was disposed of with a direction to the Registry to list the writ petition along with CMP No. 1506/2011 on 17.8.2011 at top of the list and learned counsel for private respondents had stated at bar that he would not seek any adjournment.

(3.) Mr. Qayoom argued that the interim order came to be passed in terms of the judgment passed by this court in OWP No. 52/2011 read with LPA No. 59 /2011, thus the writ petitioner is precluded from questioning the impugned order. It is averred in the reply that OWP No. 597/2010 was filed by three persons namely Gh. Qadir Sheikh, Abdul Gani Malik and Ab. Gaffar Lone and a direction was sought to command official respondents-revenue agency to ensure strict action and compliance in terms of mandate of section 133-A of J&K Land Revenue Act, 1996 (for short Act). Interim direction was granted vide order dated 17.6.2010 (Annexure R2 to the reply). Thereafter petitioners in the said writ petition sought to withdraw the petition with liberty to petitioner No. 3 to file fresh one. Accordingly writ petition came to be dismissed as withdrawn unconditionally vide order dated 21.12.2010 so far as it related to petitioners 1 & 2 and with liberty to petitioner No. 3 (annexure R3). Accordingly, petitioner No. 3 Ab. Gaffar Lone along with two other persons, namely, Mohd. Ramzan Bhat (petitioner in the present petition) and Gh. Mohd. Bhat filed another petition bearing OWP No. 52/2011 almost for the same relief which he and other writ petitioners have sought in OWP No. 597/2004, came to be disposed of vide order dated 27.01.2011 (annexure R5) by directing the official respondents to look into the matter, was subject matter of LPA 59/2011 filed by private respondents, came to be disposed of vide order dated 15.3.2011 (annexure R6). In terms of the orders passed by the writ court and Division Bench , Deputy Commissioner, Srinagar visited the spot and conducted inquiry in presence of all interested parties and passed the order dated 23.6.2011 (annexure R7), impugned herein. Ab. Gaffar Lone, Mohd. Ramzan Bhat and Gh. Mohd. Bhat filed another writ petition bearing OWP No. 755/2011 on the same date, i.e., 23.6.2011 along with an application for grant of interim relief and prayed for the same relief which they had earlier sought in the writ petitions and this court vide order dated 24.06.2011 (annexure R10) directed the parties to maintain status-quo. Private respondents immediately filed objections and questioned the maintainability of writ petition and also prayed for vacation of status quo order, came up for consideration on 21.7.2011, was adjourned with a direction to list in the week following next. Private respondents questioned the said order by the medium of LPA No. 194/2011 and came to be stayed vide order dated 30.7.2011 (annexure R12). Again Mohd. Ramzan Bhat, one of the writ petitioners in the above writ petition and a party in LPA No. 194/2011, filed writ petition in hand and questioned the order passed by the Deputy Commissioner.