SAT BHAMA THAKUR Vs. STATE

JUDGEMENT

(1.) PETITIONER through the medium of present writ petition seeks quashment of Order No. l622 -43/HAD/CCF dated 02.12.1999 to the extent it relates to him, with a further writ of mandamus directing the respondents to allow the petitioner to transport the finished wood (Door and window frames) from village Atholi Padder, Distt. Kishtwar to Paloura Top, Jammu being the lawful owner of the same.

(2.) THE facts of the case are that the petitioner possess a ancestral house at village Atholi Padder, Distt. Kishtwar. He has also purchased a house at Paloura Top, Jammu through registered sale deed. The petitioner moved an application before respondent No. 3 making a request for transportation of finished wood (doors and window frames) taken out of dismantled house at Atholi - Padder from Atholi Padder to Jammu. The petitioner submits that the wood used in the ancestral house was of the proprietary land whose permission was also got from the D.C. Doda in the year 1975 but in the fire incident took at his shop in the year 1991 record and documents of said timber were gutted with all other valuable material. Despite the fact that wooden frames belong to the petitioner as the same have been taken out from the dismantled ancestral house of the petitioner at Atholi Paddar, the petitioner is not being allowed to transport the same from Atholi Paddar to Jammu by respondents for using the same in the newly constructed house in Paloura, Jammu. It is submitted by the petitioner that it is personal property and she has every right to use the same in a way she lies and denial on the part of the respondents for not allowing the petitioner to transport the finished wood amounts to violation of legal and fundamental rights of the petitioner.

(3.) I have heard learned Counsel for the parties and perused the record.