JUDGMENT : 1. With the consent of learned counsel for the parties, the instant petition is taken-up for final consideration. 2. In the instant writ petition filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K State, the petitioners, inter alia, seek the following reliefs; (a) writ of mandamus commanding the respondent Nos.2 to 4 to process the cases of the petitioners and complete the same for conferment of ownership rights under the J&K State Lands (Vesting of Ownership Rights to the Occupants) Act of 2001 read with amended Act No.XIV of 2004. (b) Writ of prohibition prohibiting the respondent Nos.3 to 5 from forcibly dispossessing the petitioners from the land comprising Khasra Nos.425 and 426 situated at Pargalta Sarah, Tehsil and District Samba; and (c) Writ of certiorari quashing order if any passed by the respondent No.3 transferring the land to the respondent No.5 for construction of garbage pits/dumping ground on any portion of the land comprising Kh.No.425 and 426 situated at Pargalta, Tehsil and District Samba. 3. In this petition, it has been stated that the land comprising Khasra Nos. 425 and 426 situated at Pargalta sarah, Tehsil and district Samba though owned by the respondent No.1 is in physical, cultivating possession of the petitioners. The petitioners have constructed their houses and are also cultivating the land prior to 1970. However, the petitioner No.6 acquired the possession from his father Noor Hassan. Prior to Nek Mohd., his father Noor Hassan was in possession of the land and now the petitioner, Roshan Din is cultivating the same that too for the last more than 15 years. All the petitioners are in physical possession of the land, petitioner No.1 is in possession of 50 kanals, petitioner No. 2 is in possession of 40 kanals, petitioner No.3 is in possession of 50 kanals, petitioner Nos. 4&5 are in possession of 8 kanal, petitioner No. 6 is in possession of 32 kanals of land out of khasra Nos.425 and 426, situated at Pargalta, Tehsil and District Samba without interference from anybody. It is further stated that the Government of J&K passed an enactment in the year 2001, i.e., State Land (Vesting of Ownership Rights to the Occupants) Act of 2001(hereinafter referred to as ‘the Act 2001’). However that Act came to be amended by amendment Act No.XIV of 2004. It is further stated that the Government of J&K passed an enactment in the year 2001, i.e., State Land (Vesting of Ownership Rights to the Occupants) Act of 2001(hereinafter referred to as ‘the Act 2001’). However that Act came to be amended by amendment Act No.XIV of 2004. The petitioners are entitled to the conferment of ownership rights under the Act 2001, now amended vide Act No.XIV of 2004. The petitioners have submitted their applications to respondent No.4 i.e., Tehsildar, Jammu along with revenue record and relevant documents as required under the rules, who forwarded the same after completing all the formalities to the Deputy Commissioner, Jammu-respondent No.3, for assessment of compensation. One of the petitioners even received a notice from the Tehsildar Samba vide No.612/R/C.A dated 19.12.2006, whereby a notice was issued by the Tehsildar Samba to petitioner No.1 informing him to attend the office on 31.12.2006 in person or through counsel along with Chowkidar. It is further contended that respondent No.5 wants to construct garbage pits/dumping ground for dumping of garbage/rubbish of Jammu city in that place. On coming to know about this action of the respondents, some of the petitioners moved an application addressed to the Hon’ble Chief Minister, who sent that applications to the revenue minister. The revenue minister obtained reports from the Tehsildar as well as from the Naib Tehsildar, however, the grievance of the petitioners have not been redressed by the authorities and the petitioners are being deprived of their possession at the instance of respondent No.3. The respondent No.3 has proposed Khasra Nos.425 and 426 for construction of garbage pits/dumping ground and the respondent No.5 has also accepted the said proposal. The construction of garbage pits/dumping ground for storage of garbage will become great nuisance. The petitioners have also their houses adjoining to the site proposed for dumping ground, the obnoxious smell which emit from that collection of garbage at that place will pollute the air and the petitioners will be deprived of their right of having a pollution free place to live. The respondent Nos.3 to 5 have no authority to construct a dumping ground to the residential houses of the petitioners, thereby putting the petitioners to inconvenience as well as subjecting them to hardship which will not be a temporary nature but a permanent one. 4. The respondent Nos.3 to 5 have no authority to construct a dumping ground to the residential houses of the petitioners, thereby putting the petitioners to inconvenience as well as subjecting them to hardship which will not be a temporary nature but a permanent one. 4. It is further contended that the petitioners have made every effort to obtain the order of approval for the proposal of the respondent No.3 to transfer the land to the respondent No.5 but the petitioners have not been able to obtain the order or the proposal, proposing the land for construction of garbage pits/dumping ground. It is further stated that the petitioners are agriculturists by profession and their source of income is agriculture, which they earn by cultivating the land comprising Khasra Nos. 425 and 426. The construction of garbage pits will affect the life of the petitioners and as well as the environment of the area where the petitioners are residing. The respondent No.5 is bent upon to carry on the construction of the garbage pits and dumping ground on war footing despite the resistance of the petitioners. In case the respondent No.5 succeeds in constructing the garbage pits/dumping ground, the petitioners will be deprived of their right and will be subjected to inconvenience, hardship, difficulty and nuisance. Once the garbage pits are constructed the petitioners have to leave their residence from that place and shift to some other place which is not possible for the petitioners because the petitioners are poor persons, cannot afford to shift from the said village where the petitioners are putting up for the last more than 50 years. 5. On 20.07.2007, while entertaining the petition, notices were issued to the respondents and the status quo was ordered to be maintained. 6. The respondent Nos. 1 to 4 have filed their objections wherein it is stated that the Jammu Municipal Corporation had requested for identification of State land for cattle pond etc. The Jammu City has witnessed sharp rise in the population, the stray animal population has also arisen. Presently there are hardly any cattle/dog ponds which can house the stray animals which are freely roaming in the streets. They are health hazard and also threat to the life of the commuters. The Jammu City has witnessed sharp rise in the population, the stray animal population has also arisen. Presently there are hardly any cattle/dog ponds which can house the stray animals which are freely roaming in the streets. They are health hazard and also threat to the life of the commuters. It is generally seen that most of the roads/streets are being covered by such animals thereby rendering normal movement of vehicular traffic as well as individual at risk and halt. The government has issued instructions to identify the State land where these stray animals can be properly housed and looked after. As a follow up the status of vacant State land had been sought from all the Tehsildars. There was found vacant State land available under Khasra Nos.425/500/426 of village pargalta now in Tehsil Jammu. The land was vacant on spot and fit to meet the proposed requirement. It is further stated that none of the legal or fundamental right of the petitioners have been infringed by the answering respondents. It is further stated that the petitioners have not stated the facts correctly, the land comprising Khasra Nos.425/500/426 of village Pargalta Sarah, now in Tehsil Jammu is a big chunk of land/State land. It is fact that petitioners are recorded in possession of some portion of land falling under Khasra Nos.425/500/426 of village Pargalta. It is denied that the petitioners are in possession of entire land comprising Khasra Nos.425/500/426 of village Pargalta. It is further stated that the petitioners in respect of particular patch of land have applied for confirmation of ownership rights under the J&K State Lands (Vesting of Ownership Right to the Occupants) Act, 2001. The State land comprising lof aforesaid survey numbers which has been transferred to Jammu Municipal Corporation was vacant on spot and does not form part of land which the petitioners alleges in their possession. It is admitted to the extent that the Jammu Municipal Corporation has proposed to construct a Cattle Pond on the vacant State land falling under Khasra Nos.425/500/426 of village Pargalta measuring 97 kanals 07 marlas and the contention of petitioners that land in question shall be used for garbage dumping is not correct. It is further submitted that no dispossession of petitioners from the land shall take place which is in their actual physical possession. It is further submitted that no dispossession of petitioners from the land shall take place which is in their actual physical possession. The proposed land for cattle pond falls quite away from the land which is in the possession of the petitioners. The cases of the petitioners who have applied in time for conferring of Ownership Right under the J&K State Lands (Vesting of Ownership Right to the Occupants) Act, 2001 shall be considered under the Act, if, they are found actual physical possession on spot. It is further stated that the land which has been transferred in favour of Jammu Municipal corporation though also falls under Khasra Nos.425/500/426 of village Pargalta is quite away from the land in possession of petitioners. The land measuring 479 kanal-07 marlas has already been handed over to JMC, which has been fenced by the JMC. The petitioners are misrepresenting the factual position and trying to grab the vacant State land. 7. In the objections filed by respondent No.5, it is stated that the provisions of J&K State Lands (Vesting of Ownership Right to the Occupants) Act, 2001 are not applicable in the present case as the petitioners were never in possession of the property. A civil suit titled Inhabitants of Village Pargalta and ors v/s State and others has been filed in the Court of learned Sub-Judge (CJM), Jammu on the same cause of action and is pending disposal. It is further stated that the writ petition is not maintainable as the parties in civil suit and in the writ petition are same. The land in dispute is admittedly the government land which has been handed over to the answering respondents for developing a cattle pound. The cattle pound is not a nuisance. The cattle pond is being constructed keeping in mind the latest technology. All this process is being done on the advice of the government to get rid of the menace of stray animals which has been causing traffic hazard and nuisance in the free flow of traffic and pedestrian. It is further stated that a meeting was held on 19th June, 2007 under the Chairmanship of Divisional Commissioner, Jammu in which vice Chairman JDA Jammu, Deputy Commissioner Jammu and Commissioner, Jammu Municipal Corporation participated. In the said meeting, the issues came up for discussion were; (i) Establishment of new slaughter houses. (ii) Solid waste management. It is further stated that a meeting was held on 19th June, 2007 under the Chairmanship of Divisional Commissioner, Jammu in which vice Chairman JDA Jammu, Deputy Commissioner Jammu and Commissioner, Jammu Municipal Corporation participated. In the said meeting, the issues came up for discussion were; (i) Establishment of new slaughter houses. (ii) Solid waste management. (iii) Removal of stray cattle/stray dogs and (iv) Re-location of dairy farm etc. 8. After threadbare discussion, a decision was taken on removal of stray cattle/stray dogs. In view of the said decision, the Revenue Authority identified the land situated in village Pargalta, the same was demarcated and handed over to JMC for construction of cattle pond. The work was stopped as the learned Court of Sub-Judge (CJM) directed the status quo order. The petitioners were never in possession of the land. The said land is a government land and has been handed over to JMC. It is, therefore, prayed that the instant petition has no ground to sustain and deserves dismissal. 9. Heard learned counsel for the parties and perused the case file. I have also gone through relevant provisions of law. 10. Petitioners have claimed the possession and vesting of ownership right on State land under J&K State Land (vesting of ownership to the occupants ) Act of 2001. 11. In order to decide the matter, certain provisions of the Act read as under:- “Section 2 (e) “Occupant” means a person who is in actual physical possession of any State land on the commencement of the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) (Amendment) Act, 2004, personally or through an authorized agent;” 12. Bare perusal of this section, it is evident that before invoking the provisions of this Act, a person should be in actual physical possession of state land at the commencement of Act in 2004. 13. Section 3 reads as under:- “Act not to apply to certain lands. – The provisions of this Act shall not apply to such State land as is :– (a) recorded or used as pathway, grazing ground, graveyard, cremation ground, camping ground or Kohl (irrigation channel); (b) held by Govt. Department or institution under the control of the Govt. (c) earmarked for specific purpose in any master plan (d) covered by fields floating over water (e) forest land or wooden waste. 14. Department or institution under the control of the Govt. (c) earmarked for specific purpose in any master plan (d) covered by fields floating over water (e) forest land or wooden waste. 14. Bare perusal of this relevant section, it is evident that provisions of this Act are not applicable to certain types of land mentioned in section 5 of Act. 15. Now coming to present case, petitioners except annexing photocopies of Girdawari of year 2006 have annexed nothing from where it can be inferred that they were in actual physical possession of land in question at relevant time i.e. year 2004 at the commencement of Act. So mere making of entries in cultivating columns of Girdawari of land that too by a lowest revenue officer (Patwari) without any authorities and authentication from superior revenue officer, it does not confer any right on petitioners. The types of land in question as is evident from Girdwari is uncultivable, so plea taken that petitioners are in cultivating possession since long, does not hold sound. Even as is evident from letter written by petitioner no.1 to Deputy Commissioner Jammu for issuance of order of transfer of land to JMC, the land under dispute has been mentioned as Graveyard and Iddgah/mosque, to which this Act is not applicable as per Section 5 of Act. There is also no evidence as to whether petitioners have ever applied for conferment of ownership right in terms of Act to the concerned officer. Petitioners are claiming right of ownership on huge chunk of land without any legal title. No one has right on State land of whatsoever kind. This court is of the considered view that entries in girdawari have been managed. 16. Further this government land has been handed over to the JMC for developing a cattle pond by revenue authority for construction of cattle /dog pond keeping in mind the latest technology. All this process is being done on the advice of the government to get rid of the menace of stray animals which has been causing traffic hazard and nuisance in the free flow of traffic and pedestrian. A meeting in this regard was conducted on 19th June, 2007 under the Chairmanship of Divisional Commissioner, Jammu in which vice Chairman JDA Jammu, Deputy Commissioner Jammu and Commissioner, Jammu Municipal Corporation participated. A meeting in this regard was conducted on 19th June, 2007 under the Chairmanship of Divisional Commissioner, Jammu in which vice Chairman JDA Jammu, Deputy Commissioner Jammu and Commissioner, Jammu Municipal Corporation participated. In the said meeting, the issues came up for discussion were; Establishment of new slaughter houses; Solid waste management; Removal of stray cattle/stray dogs and Re-location of dairy farm etc. After decision in the aforesaid meeting, the Revenue Authority identified the land situated in village Pargalta, the same was demarcated and handed over to JMC for construction of cattle pond, which is evident from Annexure 2 in objections filed by JMC. 17. In view of above, I do not find any merit in this petition which is dismissed accordingly.