ZEBA Vs. STATE

JUDGEMENT

(1.) Issuance of writ in the nature of Certiorari for quashing order dated 9th of October, 2009, passed by Tehsildar, Chadoora (Respondent No. 4) and issuance of writ of Prohibition so as to prohibit the Respondents from causing interference with the possession of the Petitioner over the proprietary land, has been prayed for.

(2.) Perusal of the order impugned sought to be quashed would indicate that the Petitioner allegedly had blocked the path and as a result thereof has subjected the formers from going to their paddy fields and general public to the inconvenience. It further reveals that the Tehsildar (Respondent No. 4) has visited the spot and has found general pathway from link road to the paddy fields of the villagers blocked by the Petitioners. Finally has concluded that the inhabitants of the village have been obstructed in exercising their right of user and then in exercise of the powers vested under Section 4(A) Common Lands (Regulation) Act has directed the Petitioners to remove the obstruction on spot.

(3.) Contention of the learned Counsel for the Petitioners is that the land through which pathway is claimed is recorded as ''Aabadi Deh'' regarding which Common Lands (Regulations) Act has no application, therefore, the order passed is without jurisdiction and it is on such basis quashment thereof is sought.