KALA RAM Vs. STATE OF J&K

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Nothing can be more befitting starter to this judgment than an observation adored with realization of constitutional guardianship of the rights of an Indian citizen/subject qua his/her property as served by the Hon'ble Supreme Court of India in the case titled "State of Punjab Vs Gurdial Singh and Ors" reported in 1980 AIR SC 319. One liner statement bearing an awakening edict embedded in para 16 is by Justice Krishna Iyer and which is, "It is fundamental that compulsory taking of a man's property is a serious matter and smaller the man the more serious the matter."

(3.) The present case bears a paradox which is that the petitioners acted as law abiding citizens despite being the sufferer as against the respondents 3 to 5 who had opted to act as law avoiding public officials being found disturbing the sensitivity of afore-cited statement on a serious note as a small piece of property of an ordinary family of the petitioners was taken by seizure and usurpation by the J&K Police least serious for and without bearing any semblance of process of law. To add an insult to the injury, the J&K Police, acting post-facto, dictated an offer of rent at a rate of its own picking to be imposed upon the hapless owner family but without even a single penny of rental landing in the hands of the deprived owner family till date and this is what is the cry for justice in the present writ petition which has waited for seven long years of sufferance to earn final disposal from this Court. In fact, there should be no hesitation to confess on record that in a way this court has also contributed to the prolonging in providing the riddance to the aggrieved family. This Police Bossism against the owner family had come into play in February, 2013 lasting onwards with only relieving factor being that plot property got released in October, 2018 when the J&K Police itself felt no more urge to enjoy and extend the seizure and usurpation leaving the petitioners high and dry without even a word of thanks for their solace.