Jammu & Kashmir High Court - Srinagar Bench
Showkat Ali Khawaja vs Union Territory Of Jk And Others on 12 April, 2021
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
S. No. 116
Admission (Supp)
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP (C) no. 659/2021
CM no. 1966/2021
(Virtual mode)
Showkat Ali Khawaja
.... Petitioner(s)
Through: Mr Tawfiq H. Khawja, Advocate
V/s
Union Territory of JK and others
... Respondent(s)
Through:
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
ORDER
12.04.2021 The grievance projected by the petitioner, by the instant writ petition, is that he owns a land measuring 01 kanal and 05 marlas falling under survey No. 214 situated at Baliheran, Tehsil Singpora/ Pattan, Baramulla, which has been developed as an orchard by the petitioner and the respondent no. 7 who owns a land adjacent to the said land of the petitioner's, is dumping all the domestic waste of his home into the petitioner's land causing damage to the fruit bearing trees. The petitioner, in this connection, is stated to have approached the respondents 3 to 6 and apprised them about the matter. However, the said respondents are not discharging their duties rather are acting at the instance of the respondent no. 7. Therefore, the petitioner has filed the writ petition seeking a direction in the name of respondents to remove all hindrance whereby any kind of interference is caused with the land property in question of the petitioner; restrain the respondents from causing any kind of interference with the land in question; respondents 3 to 6 be directed to pay Rs. Ten Lacs as damages caused to the land property of the petitioner.
Taking into consideration the relief prayed for, the writ petition is taken up for final disposal at its threshold and is disposed of with a direction to the respondents 3 to 6 to look into the matter and take action according to the law and the rules governing the field.
Disposed of along with connected CM(s).
(Ali Mohammad Magrey) Judge Srinagar 12.04.2021 Amjad Lone PS AMJAD AHMAD LONE 2021.04.17 12:53 I attest to the accuracy and integrity of this document