DARSHAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner-Darshan Singh seeks quashing of Suraj Parkash Kapoor-respondent No.5 's License issued by Deputy Commissioner, Rajouri for operation of Brick Kiln situated at village Nonial of Tehsil Nowshera-Rajouri.

(2.) THE case set up by him, in short, is that he had leased out land measuring 20 kanals and 9 marlas comprised in Khasra No.1547 situated at village Nonial of Tehsil Nowshera-Rajouri to respondent No.5 for a period of 20 years, by a duly executed and registered Lease Deed, which had to expire on January 20, 2007 and having not consented to the setting up of Brick Kiln therein, no License for its operation could, in law, be issued in favour of respondent No.5 without his consent. Copies of Deputy Commissioner, Rajouri 's Communication dated 29.1.2009 besides Naib Tehsildar 's order dated 11.4.2009 passed on remand, have been placed on records to support his Claim.

(3.) CONSIDERED the submissions advanced by learned counsel for the parties at the time of hearing of the Petition and perused the material on records. Copies of Khasra Girdawaries placed on records reveal that land measuring 20 kanals and 9 marlas comprised in Khasra No.1547 is State land in possession of respondent No.5 being its allottee. Land measuring 15 kanals and 11 marlas comprised in Khasra No.1547 Min, on the other hand, is recorded owned by the respondent 's father. Existence of a Brick Kiln on this portion of the land is also recorded in the revenue records. It further comes out from the records that the Jammu and Kashmir State Pollution Control Board has issued Consent Orders for operation of Brick Kiln under the name and style of M/S Ganesh Brick Kiln, Nonial-Nowshera. Certified copy of the Pattanama dated 19.01.1987 reveals a lease of land measuring 20 kanals and 9 marlas for 99 years by the petitioner in favour of the respondent. Copies of the Deputy Commissioner and Tehsildar 's orders, placed on records, indicate that the petitioner was found disentitled to ownership rights even in land comprised in Khasra No.1547 and he had abandoned his possession thereon by executing Lease Deed in favour of the respondent.