SHAFIQ ANJUM Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) By way of this writ petition, filed under Article 226 of the Constitution of India, petitioner herein is seeking quashing of Order No.TUDR/OQ/16-17/2951-54 dtd. 4/3/2017, issued by respondent No.2, whereby respondent No.2 had directed respondent No.3, to visit the spot (Khasra No.1 village Kallar Himitti) and get lifted from the spot, building material owned by the petitioner and seize the same, with a further direction to respondent No.5, to lodge FIR against the petitioner for allegedly encroaching upon the common land of the village/community in violation of Supreme Court judgment in Jagpal Singh v. State of Punjab and others. Besides, seeking a direction to release and restore the material of the petitioner , the petitioner has also prayed for a direction thereby restraining the respondents from interfering with the building material lying on the land in question. FACTUAL MATRIX

(2.) The case of the petitioners, as projected in the writ petition, is that proforma respondent No.6 is owner in possession of land measuring 17/18 marlas recorded in the revenue record as 'Gair Mumkin Talai' i.e. uncultivable pond, which falls in the share of respondent No.6 and is not a common land or gram panchayat land/shamlat land. According to the petitioner, although the land in question is recorded in the revenue record as Gair Mumkin Talai, the same is proprietary land of proforma respondent No.6, which fact is substantiated by the revenue record appended by the petitioner.

(3.) It is stated that on the authority of respondent No.6, petitioner had store building material viz. iron rods, flat iron, and iron angle etc on the land in question. All of a sudden, respondent No.3, issued impugned notice dtd. 11/2/2017, alleging therein that the petitioner had dumped huge TMT bars, angles iron, pipes etc illegally on khasra No.1 at village Kaller Himitti, which, according to the official respondents is a common land to be used by inhabitants of the locality/village. Subsequently, impugned order dtd. 4/3/2017, came to be passed by respondent No.3, without seeking reply or affording any opportunity of being heard and ordered lifting and seizure of the building material stored by the petitioner on the land in question. By virtue of impugned order, it has also been ordered that Station House Officer, Police Station, Udhampur shall lodge FIR against the petitioner for encroaching the common land reserved for the common purposes. In the order impugned, it is stated that the land in question is required to be dealt with as per the provisions of common Land Act, 1956 and directions of the Supreme Court given in case titled Jagpal Singh v. State of Punjab and others. Aggrieved by the impugned order, petitioner approached this Court by way of present writ petition.