J&K STATE FOREST CORPORATION Vs. GANESH

JUDGEMENT

(1.) This appeal under Clause 12 of the Letters Patent by the Jammu and Kashmir State Forest Corporation ["SFC"] is directed against the judgment dtd. 13/11/2009 passed by the learned Single Judge of this Court ["Writ Court"] in OWP No.704/2006 titled Ganesh v. State of J&K and another.

(2.) Briefly put, the facts leading to the filing of this appeal, as are gatherable from the impugned judgment as also from pleadings of the parties, are that one Dharam Chand was claimably a displaced person of 1971 of Chamb area. It was claimed that he was allotted some land by the Rehabilitation Authority in Tehsil Suchetgarh, which he allegedly got exchanged with land measuring 40 kanal 12 marlas under khasra No.572 and 4 kanal under khasra No.536 situated at village Salmeri in Tehsil Samba somewhere in the year 1986 by the orders of Tehsildar, Samba ["the subject land"]. It is alleged and claimed by respondent No.1 ["the writ petitioner"] that the allottee-Dharam Chand died and the subject land was inherited by him as his adopted son being sole legal heir. The writ petitioner, as is claimed by him, was minor at the time of death of his adoptive father Sh. Dharam Chand- allottee, as such, the Court of Second Additional District Judge, Jammu ["the Court"] was approached for appointment of guardian of his property under Jammu and Kashmir Guardian and Wards Act, Svt. 1977 ["the Act of 1977"]. The Court vide its order dtd. 21/4/1994 appointed one Swarn Singh as guardian of the property of the petitioner-minor. However, Swarn Singh, who was allegedly serving in the belt force of the country showed his reluctance to continue as guardian and, therefore, applied to the Court for being relieved of his responsibility as guardian of the property of the writ petitioner. The Court vide its order dtd. 19/5/1997 appointed the Deputy Commissioner (Collector), Jammu as guardian of the property of the writ petitioner. Accordingly, a certificate of guardianship was issued by the Court and forwarded to the Deputy Commissioner, Jammu under No.27/CC dtd. 22/7/1997. At the relevant point of time Samba was not a district but tehsil within local limits of which the alleged property was situated.

(3.) Mr. Anil Sethi, learned counsel appearing for the SFC, submits that the subject land, which is claimed by the writ petitioner as having been inherited by him as an adopted son of allottee- Dharam Chand, is the land belonging to the Forest Department and has been handed over long back to the SFC for establishment of its depot through proper orders passed by the competent authority of the Forest Department. He submits that without impleading the SFC or for that matter Forest Department of the State as party respondent in the proceedings before the Court as well as before the Writ Court, the writ petitioner has obtained a direction which is tantamount to its eviction. Such course of action, Mr. Sethi argues, is impermissible in law.