KAKU RAM Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this Court in terms of Article 226 of the constitution of India r/w Sec. 103 of the constitution of the Jammu and Kashmir for the issuance of the appropriate writ, order or direction of the following nature:-

(2.) Petitioner in his writ petition has averred, that he is a citizen of India and a permanent resident of the state of Jammu and Kashmir and is entitled to the protection of all the constitutional, statutory, legal rights guaranteed by the constitution of India and by the other laws applicable to the state of Jammu and Kashmir; petitioner purchased land measuring 12 kanals falling under Khasra no. 2195 and 2196, khewat no. 15 and khata no. 397 situated at Sunjwan, Tehsil and District Jammu from Sh. Jagdev Singh, Sukdev Singh, Kamal Dev Singh sons of Lt. Amir Singh and Sh. Varinder Singh, Karan Singh sons of Baldev Singh all residents of Sunjwan Tehsil and District Jammu through their power of attorney holder Sh. Deepak Sharma S/o Sh. Ram Sharma R/o H.No. 95-P Sector 1-A Trikuta Nagar, Jammu vide two different sale deeds dtd. 24/12/2009 and the same were duly registered by the Learned Sub Registrar (Sub-Judge) Jammu on 29/12/2009; that on the purchase of the aforesaid land by the petitioner in terms of the aforesaid sale deeds and on obtaining the possession of the said land, petitioner became the absolute owner of the said land with all its rights to own, occupy, possess and enjoy the same exclusively, therefore, necessary mutations too were attested in respect of the land in question covered under the aforesaid sale deeds in favour of the petitioner by the concerned revenue authorities; that few days back, respondents came on the site of the land and without even informing the petitioner through their employees and agents started leveling the aforesaid land, petitioner on enquiry came to know that the respondents are going to install a police post on the aforesaid land, immediately thereafter petitioner approached the respondents and told them that he is the owner in possession of the said land and all the relevant documents pertaining to the said land were shown to them, but they did not pay any heed towards the petitioner"s claim; that the respondents cannot by any sense of imagination cause any interference to the petitioner in his possession, occupation and enjoyment of the land covered under Khasra no. 2195 and 2196 for the reasons that the petitioner is the absolute owner in possession of the land having been validly and legally purchased by him in terms of the aforesaid sale deeds, however, respondents are harassing and threatening the petitioner of eviction of the land in question without any power and authority, petitioner was further told by the respondents that they would divest him of the land in question as he has no right and authority to hold and possess the said land; petitioner even approached the Deputy Commissioner Jammu for the redressal of his grievances but all in vain and the respondents instead of protecting the person and property of the public, are involved in dispossessing the petitioner of his immovable property by adopting all the possible illegal and unlawful methods, the arbitrariness and mala-fide on the part of the respondents results in violation of the fundamental, legal or constitutional rights of the petitioner/public, petitioner has no other alternative efficacious remedy available, but to approach this Court through the medium of the present writ petition.

(3.) Respondents 02 to 06 by filing objections have objected the claim of the petitioner on the grounds, that a piece of land measuring 2 kanals and 3 marlas falling under Khasra no. 2195 situated at Sunjwan was donated verbally by one Sain Ditta S/o Feroz Din R/o Chatta in the year 2008 in favour of Police Department for setting up of a Police Post over the same in presence of Senior Police Officers and villagers on the spot as the said Sain Ditta had been in possession of the said land for many years. It is contended, that in pursuance to the donation of the said land to the police department, a police post came to be established at Chatta prior to the year 2009 and since then, said police post is operational in the area to protect the life, liberty and property of the inhabitants of the area and to prevent and detect the commission of crime; police post Chatta was established and was in operational much prior to the purchase of the land comprising in Khasra No. 2195 and 2196 by the petitioner, therefore, it has been wrongly averred by the petitioner that he had remained in possession of the said land at any point of time, and the contentions of the petitioner that respondents have trespassed into the said land and are harassing him are totally false and frivolous. It is further contended that the respondents have never harassed nor caused any inconvenience to the petitioner, they have performed their duties in a legitimate and fair manner as per the mandate of law without violating any of the fundamental, legal or constitutional rights of the petitioner, the petitioner has got no right to invoke the writ jurisdiction of the Court as such, the petition deserves to be dismissed. Lastly, respondents have sought the dismissal of petition on the grounds, that the petition is not legally maintainable as none of the fundamental, legal or statutory rights of the petitioner have been infringed or violated.