MADAN LAL Vs. STATE & ORS.

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court for quashing order dated 21.11.2012 passed by Sub Judge, Kathua in a case titled Madan Lal v. State and others (hereinafter for short as impugned order) by virtue of which application filed by the plaintiff-petitioner for amendment of the plaint has been dismissed on the grounds taken in the memo of petition.

(2.) It appears that petitioner-plaintiff filed suit for permanent injunction restraining the defendants from interfering in any manner or ousting the petitioner-plaintiff from the land measuring two kanals comprising under Survey No.23 min in village Tarf Manjli, Tehsil Kathua. The defendants filed their written statement stating therein that the land in question belongs to the Irrigation Department.

(3.) After coming into force of Vesting of Ownership of Unauthorized Persons (Roshni Act) in 2004, the petitioner filed application seeking amendment of the plaint, which came to be dismissed vide order dated 21.11.2012 on the grounds that conferment of ownership right in respect of the suit land was neither a controversy in the suit which filed in 1993 nor it could be considered as relevant fact for determination of the real question in controversy. So far as compensation in lieu of damage caused to the crop of the plaintiff is concerned, the defendants have not disclosed the date when he had received such compensation, so amendment proposed was not necessary and held that suit can be disposed without making amendment otherwise it will amount to interference in the official functioning of the authority who are competent to pass appropriate orders under Roshni Act. Accordingly, vide order dated 21.11.2012, trial court dismissed the application of the petitioner-plaintiff. It is this order, which is called in question in the present petition.