ASHOK KUMAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The controversy involved in the petitions being OWP Nos. 755/2018, 570/2018 and 514/2018 relates to land measuring 2 kanals and 9 marlas covered under khasra No. 149 min situated at Village Chak Sona Nupa, Kathua claimed to have been purchased by the petitioners pursuant to sale deed dtd. 5/12/1986, as also land claimed to have been vested unto the petitioners in OWP No. 369/2011 allegedly having been encroached upon and interfered with by the official respondents for construction of a drain who claimed portion/part of the said land to be owned by the Irrigation and Flood Control Department/respondent herein. The petitioner in OWP No. 1539/2017 are residents of the area where the drain has been/is constructed challenging in the petition the change of alignment thereof by the official respondents therein.

(2.) Record reveals that during the pendency of the writ petition OWP No. 755/2018, this Court passed the following order on 2/6/2018:-

(3.) Record reveals that though, a demarcation was conducted pursuant to the aforesaid orders of this Court and a report submitted before this Court, yet the said demarcation report has been objected and opposed by the petitioners in OWP No. 755/2018, OWP No. 570/2018 and OWP No. 514/2018, primarily, on the ground that the said demarcation was conducted without associating them in the process of demarcation and at their back.