GOURI-D-BAJJU Vs. DEPUTY COMMISSIONER, JAMMU

JUDGEMENT

(1.) The petitioner's Civil Suit for mandatory injunction directing defendants to remove Crates and Plantation thereby opening 25 feet road towards Southern Side of the land belonging to the plaintiff and 20 feet Nallah, was decreed by learned Sub-ordinate Judge, Jammu on 24.09.2009 providing that the Decree, though binding on the parties, would be subject to the existing legal provisions.

(2.) During the process of execution of the Decree, Tehsildar, Jammu appears to have issued Notices to the petitioner requiring her response to the position existing on spot in terms whereof she was found to have unauthorisedly raised construction of her house in land comprised in Khasra No. 1, Mumkin Khad" in the Revenue records resulting in obstruction of free flow of water from the Nallah.

(3.) The Tehsildar had not yet concluded his proceedings on the Notices when the petitioner approached this Court by her Writ Petition seeking quashing of the proceedings initiated by the Tehsildar, besides a Command to the Deputy Commissioner, Jammu and Assistant Commissioner, Jammu to implement the Decree passed by the Civil Court. The petitioner seeks further directions for registration of FIR against respondent No. 3, the Tehsildar, Jammu and respondent No. 4, the IAS Probationer under Sections 193, 219, 228 RPC.