MOHD SABIR BHAT Vs. STATE

JUDGEMENT

(1.) PETITIONER residents of village Seepin Tehsil and District Anantnag Kashmir allege that private respondents 6 to 9 have illegally occupied public path running through the village covered by survey Nos. 63 and 64. The petitioner were restrained to use the path. They have approached the Revenue authorities for demarcation and opening of the thorough fare. The committee of officials headed by Naib Tehsildar was constituted and the Committee submitted the report (Annexure -C), to Tehlsildar Anantnag who came to the conclusion that the respondents have obstructed the common pathway passing through survey No. 64 in contravention of the provisions of Common Land Act. The respondents have been directed to open and clear the passage for public. The Tehsilar has specified time to respondents to remove the wall raised on the path -way as otherwise the field level revenue officials have been asked to proceed to spot and demolish the wall after seeking police assistance. This order was passed by Tehlsildar on 04.01.2003 Petitioner are seeking mandamus for demolishing the construction and opening of the passage and prohibition to restrain the respondents from encroaching upon the land in survey Nos. 63 and 64 on spot.

(2.) IT is obvious that the reliefs sought in this case cannot be granted in exercise of writ jurisdiction which an authority is already seized of the matter who is dealing with the matter under the provisions of J&K Common land Act and the land revenue Act. In fact respondent No. 5 has already passed an order in the matter and it is for the revenue authorities to implement the order which for all practical purposes gives prayed relief to the petitioners, the High court cannot Act in aid of revenue agencies to implement the order of a revenue official (s). There are provisions in both civil and criminal law which empower the revenue officer (s) to take effective actions and proceedings both on civil and criminal side in such like matter.

(3.) IN the over all facts and circumstances of the case the writ petition in its present form cannot be entertained and is dismissed in limini.