DY COMMISSIONER (COLLECTOR) JAMMU Vs. TH LAL SINGH

JUDGEMENT

(1.) THIS judgment will dispose of two letters patent Appeals Nos. 7 and 8 of 1970 as the point for consideration is the same in the both.

(2.) THESE two appeals are against the order passed by Justice Jaswant Singh, sitting singly, allowing a writ petition and quashing the order of the Collector and directing the respondents before him to remove the obstruction and allow free use of the path to the applicants before the Tehsildar.

(3.) ONE Chandi Ram on behalf of himself and others filed an application before the Tehsildar Samba that the respondent Lal Singh had closed a path which was being used by the applicants for a long time. The Tehsildar after making an enquiry came to the conclusion that the path no doubt belonged to the respondent Lal Singh but had been used by the applicants and his ancestors for a pretty long time. He accordingly directed Lal Singh to allow the use of the path, acting under the provisions of Section 4 of the Jammu and Kashmir Common Lands (Regulation) Act, 1956 (hereinafter referred to as "the Act"). A writ petition was moved in this Court which was heard by Mr. Justice Jaswant Singh who relying on a Division Bench decision of this Court in Letters Patent Appeal No. 7 of 1968 Re. Vishwanath Versus Bishan Dass and another, decided on 18th March 1969 quashed the order of the Collector and Tehsildar directing the respondent Lal Singh to allow the applicants free use of the path. The learned Judge held that as the provisions of the Act apply only to public paths or lands no order under section 4 of the Act could have been passed by the Tehsildar because the present path was a private one belonging to Lal Singh but used by the applicants.