MUSHTAQ AHMAD GANAI Vs. STATE AND ORS.

JUDGEMENT

(1.) IN view of the peculiar facts conclusions of hectic litigative process in between the petitioner and respondent No. 5 before the Revenue authorities did not satisfy the petitioner, as a result thereof writ jurisdiction is invoked.

(2.) PETITIONER allegedly has not only stopped and encroached the pathway leading to the house of the respondent No. 5 but at the same time in contravention of the provisions of law has been found in occupation of land under Survey No. 593 which admittedly is Shamilat i.e. land reserved for grazing purpose. The petitioner having been in possession of kahcharai land, on request of the respondent No. 5 had left three feet along side Koul (irrigation channel) leading to the house of the respondent No. 5. In lieu thereof respondent No. 5 has given his own land to the petitioner.

(3.) APPEAL preferred against the said order by the petitioner before the Collector failed as the Collector after visiting the spot has found that the petitioner has constructed the house as well as cow shed on the kahcharai land, I as a result thereof right of user of the respondent No. 5 has been closed. Since encroachment was found by the Collector on spot, therefore, order of Tehsildar was up -held.