SYED HASSAN SHAH Vs. UT OF J&K

JUDGEMENT

(1.) Supervisory jurisdiction of this court under Article 227 of the Constitution is being invoked by the petitioners seeking quashment of orders dated 8.2.2018, 9.4.2018 and 19.12.2019 (for short impugned orders) passed by the court of Sub Judge, Pattan, (for short the trial court) in suit titled 'Syed Akber Shah and others versus State of J& K and others'.

(2.) Before proceeding to deal with the instant petition certain relevant and germane facts are delineated hereunder:

(3.) The aforesaid orders viz. 8.2.2018, 9.4.2018 and 19.12.2019 are being assailed by the petitioners in the petition inter alia on the grounds that the trial court completely overlooked the legal aspect of the matter as the basic suit filed by the respondents 4 to 7 herein was not maintainable as the same was pertaining to the state land and urge that even though the plea in this regard had been raised by the petitioners before the trail court, the trial court failed to frame an issue and decided the case qua the same. The trial court is contended to have adopted a novel procedure while directing the demarcation of the land in question. The said power of demarcation is contended to be possessed by the Revenue authorities instead of by a civil court. It is being further urged in the grounds that the trial court should not have appointed the Tehsildar or the Assistant Commissioner, Revenue, Baramulla as Commissioner in the matter as they were party defendants in the suit. The demarcation of the land in question is contended to have been aimed at delaying the disposal of the case as the respondents 4 to 7 herein are alleged to have been enjoying state land occupied by them. It is being further urged that the impugned order violated the principles of natural justice as the petitioners have been deprived of an opportunity to prove their case before the trial court. Lastly, it is being urged in the grounds that the impugned orders have been passed in haste and without recording reason by the trial court.