FAROOQ AHMAD SHEIKH Vs. TARIQ AHMAD MALIK

JUDGEMENT

(1.) This intra Court appeal is directed against the Order dated 4th of April, 2023 (for short 'the impugned Order') passed by the learned Single Judge in the Writ Petition filed by Respondent Nos. 1 to 11 herein, being WP (C) No. 07/2021, whereby the application (CM No. 7557/2022) filed by the Applicants/ Appellants herein for seeking their impleadment as party Respondents in the Writ Petition stands dismissed.

(2.) From the perusal of the pleadings on record, it emerges that the Writ Petitioners/ contesting Respondents herein filed Writ Petition invoking Writ jurisdiction of this Court seeking a direction upon the official Respondents to refrain and forbear from causing any kind of interference with the process of filling of the land measuring 32 Kanals and 05 Marlas covered by Survey Nos. 1846/95 Min (03 Kanals and 13 ' Marlas), 1847/95 (01 Kanal and 10 Marlas), 1837/93 (03 Kanals and 16 Marlas), 1838/93 (06 Kanals and 10 Marlas), 1830/93 (02 Kanals), 1849/96 Min (03 Kanals and 10 Marlas), 1842/94 (02 Kanals and 01 Marlas), 1840/94 Min (03 Marlas), 1846/95 Min (01 Kanal and 17 Marlas), 1840/94 Min (02 Kanals and 18 ' Marlas), 1829/93 (09 Marlas), 1830/93 (01 Kanal and 11 Marlas) and 1839/94 Min (02 Kanal and 06 Marlas) situate at village Suzeth, Goripora, Tehsil Narbal, District Budgam, recorded as 'Nambal' in the revenue records and land measuring 99 Kanals and 12 Marlas covered under Survey Nos. 1519 Min (02 Kanals and 08 Marlas), 1519 Min (04 Kanals), 1519 Min (04 Kanals), 1519 Min (02 Kanals and 10 Marlas), 1519 Min (01 Kanal), 1518 Min (01 Kanal), 1518 Min (17 ' Marlas), 1518 Min (02 Kanals), 1518 Min (03 Kanals), 1518 Min (03 Kanals and 4 ' Marlas), 1500 Min (04 Kanals), 1463/1 (02 Kanals and 01 Marla), 1462 Min (08 Kanals and 12 Marlas), 1517 Min (02 Kanals and 07 Marlas), 1516 Min (12 Marlas), 1518 Min (01 Kanal and 2 ' Marlas), 1509 Min (04 Kanals), 1509 Min (04 Kanals and 13 ' Marlas), 1520 Min (05 Kanals and 08 Marlas), 1520 Min (03 Kanals and 19 Marlas), 1508 Min (04 Kanals and 04 Marlas), 1508 Min (02 Kanals and 16 Marlas), 1508 Min (04 Kanals), 1508 Min (04 Kanals), 1514 Min (05 Kanals and 08 Marlas), 1525 Min (11 Kanals and 11 Marlas) and 1506 Min (07 Kanals) situate at Village Ranbirgarh, Srinagar recorded as "Maidani' situate at Sozeth, Goripora, Tehsils Narbal and Ranbirgarh, Srinagar, which is recorded as 'Nambal' and 'Maidani' in the revenue records, so as to enable them to make the said land cultivable or develop the same into an Orchard or use it for any industrial or commercial activity and earn a better living, guaranteed to them by Articles 14, 19 and 21 of the Constitution.

(3.) In the Writ Petition, it was contended that the Writ Petitioner Nos. 1 to 6/ Respondent Nos. 1 to 6 herein are owners in possession of land measuring 32 Kanals and 05 Marlas covered under different Survey numbers situate at Village Suzeth Goripora, Tehsil Narbal, District Budgam, recorded as 'Nambal' in the revenue records, whileas, the Writ Petitioner Nos. 7 to 11/ Respondent Nos. 7 to 11 herein were claimed to be owners in possession of land measuring 99 Kanals and 12 Marlas covered under different Survey numbers situate at Village Rambirgarh, Srinagar, recorded as 'Maidani' in the revenue records.