TARIQ AHMAD BHAT Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioners have challenged FIR No.10/2019 for offences under Sec. 427 and 447 of RPC registered with Police Station, Aishmuqam.

(2.) It appears that the respondent No.4 had lodged a complaint with Police Station, Aishmuqam, alleging therein that he has a longstanding dispute relating to pathway with the petitioners and that the concerned Tehsildar had visited the site and taken action in the matter. It was further alleged that despite this, the petitioners cut the wire around the orchard of the complainant and uprooted the poles. It was also alleged that some apple trees were damaged by the petitioners thereby causing loss to them. On the basis of this report, the impugned FIR came to be registered and the investigation of the case was set into motion

(3.) The petitioners have contended that they are owners in possession of the land measuring 8 kanals under Survey Nos.69, 69/1 and 576/67 of Village Badigam where they have constructed their residential houses. It is averred that the petitioners are using a pathway through a land which is recorded as Shamilat land under Rule 4 of the Shamilat Rules. The petitioners have gone on to submit that the pathway that is being used by them was encroached upon by the private respondents including the complainant, as a consequence whereof the petitioners had to approach Tehsildar, Pahalgam, by way of an application. It is averred that on 2/4/2016, a team of revenue officials was constituted by Tehsildar, Pahalgam, who, after visiting the site, restored the pathway by removing the encroachment. It is alleged that the private respondents did not stop here but continued their interference in the pathway passing through the Shamilat Najayez land, which compelled the petitioners to approach District Development Commissioner, Anantnag, by way of an application and pursuant thereto, the District Development Commissioner issued directions for restoration of the pathway. It is alleged that on 12/5/2016, Tehsildar, Pahalgam, directed Naib Tehsildar, Pahalgam, to implement order dtd. 2/4/2016 regarding restoration of the pathway.