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2020 DIGILAW 426 (JK)

Madan Lal v. Union Territory of J&K

2020-08-24

VINOD CHATTERJI KOUL

body2020
JUDGEMENT (ORAL) A writ petition, diarized and registered as WP(C) No.1235/2020 titled Madan Lal and others v. Union Territory of J&K and others, was filed by present petitioners, seeking following relief: “a) MANDAMUS: commanding the respondent No.3 & 4 to demarcate the land of the petitioners before transferring the land measuring 6 Kanals falling under khasra no 886 situated at Village Sunjawan District Jammu in favour of Respondent No.2 as under the garb of khasra no 886 the respondents are taking land of the petitioners from khasra no.887,889 and 890 which is the land allotted to ancestors of the petitioners. b) PROHIBITION; So as to restrain the respondents from proceeding ahead with the acquisition proceedings or construction activities or taking possession of the land of the petitioners without following the due process of law and without following due process of law and without properly demarcating the land.” 2. This Court, after considering the case set up by petitioners and submissions made by counsel for petitioners, held writ petition sans any merit and vide judgement dated 5th August 2020, dismissed it in limine. Liberty, however, was granted to petitioners to approach respondents with an application for redressal of their grievances and it was expected that respondents would consider the same on its own merits. 3. Petitioners have now again come up with writ petition on hand, making therein same pleadings that had been averred in above dismissed writ petition; reflecting therein all those facts having bearing on the subject-matter of the case that had been projected in above dismissed writ petition; last but not least, seeking therein same relief that had been beseeched for in above dismissed writ petition. For facility of reference it would be advantageous to reproduce the relief solicited for by petitioners in instant writ petition: “a) MANDAMUS: commanding the respondent no.3&4 to demarcate the land of the petitioners before transferring the land measuring 6 Kanals falling under khasra No 886 situated at Village Sunjawan District Jammu in favour of Respondent No. 2.as under the garb of khasra no 886 the respondents are taking land of the petitioners from khasra No. 887, 889 and 890 which is the land allotted to ancestors of the petitioners. b) PROHIBITION: So as to restrain the respondents from taking possession of the land of the petitioners without following the due process of law and without following due process of law and without properly demarcating the land.” 4. Glance of writ petition on hand reveals miniature change in present writ petition concerning the fact that that petitioners had filed aforesaid writ petition (WP(C) no.1235/2020) before this Court, which was dismissed with a liberty to them to file an application before respondents and that the application has been submitted by them, but same has not been considered so far by respondents. 5. Examination of application (Annexure V – p. 30 to writ petition) would divulge no date of submission thereof before respondents. According to petitioners, they, immediately after issuance of aforesaid judgement dated 5th August 2020, approached respondents, but they were not permitted to enter the office of respondents owing to pandemic COVID-19, so they sent it through registered post on 11th August 2020. 6. Learned counsel for petitioners has exhorted that respondents are contemplating to demolish the houses of petitioners without considering and deciding their representation, forcing them to knock at portals of this Court with writ petition on hand. 7. On the other hand, Mr Nanda, learned Sr. AAG, states that petitioners, on their own showing, have sent application to respondents only on 11th August 2020 and without waiting for its consideration and outcome, they have straightway moved instant writ petition. He, however, submits that in the interests of justice, the instant writ petition can be disposed of, at this stage, by directing respondents 4 and 5 to consider the application/representation of petitioners within ten days strictly in accordance with rules governing the field. He also states that if petitioners approach respondents 4 and 5 by tomorrow, i.e. 25th August 2020, they would be permitted to enter the office of respondent no.4 (Deputy Commissioner, Jammu) at 11.00 a.m. 8. Given the case set up coupled with submissions made by learned counsel for parties, writ petition is disposed of with a direction to respondents 4 & 5 to consider and decide the application/representation of petitioners within ten days in accordance with rules governing the field. Given the case set up coupled with submissions made by learned counsel for parties, writ petition is disposed of with a direction to respondents 4 & 5 to consider and decide the application/representation of petitioners within ten days in accordance with rules governing the field. Petitioners shall do well to approach the office of Deputy Commissioner, Jammu, tomorrow, the 25th August 2010, at 11.00 AM and they shall be permitted to enter the office/premises of Deputy Commissioner, Jammu, after observing all the SOPs regarding pandemic COVID-19. 9. Disposed of. 10. Registry to provide copy of this order to Mr S. S. Nanda, learned Sr. AAG, so as to enable him to serve the same upon respondents 4 & 5. Copy be also provided to petitioners.