Jammu & Kashmir High Court
Shakeela Begum vs State Of J&K And Ors on 22 April, 2013
Author: Dhiraj Singh Thakur
Bench: Dhiraj Singh Thakur
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPAOW No. 37 OF 2013 Shakeela Begum Petitioners State of J&K and ors. Respondent !Mr. D. S. Chauhan, Advocate. ^ Honble Mr. Justice M.M. Kumar, Chief Justice Honble Mr. Justice Dhiraj Singh Thakur, Judge Date: 22.04.2013 :J U D G M E N T :
M.M.Kumar, CJ
1. The instant appeal under Section 12 of the Letters Patent is directed against judgment and order dated 15.03.2013 rendered by the learned Single Judge of this Court, the petition filed by the appellant has been allowed by issuing direction that since the land belonging to him has not been subjected to any acquisition. The respondents were restrained from encroaching upon the area measuring 16 marlas covered by Khasra no. 2435 min situated at Mouza Kishtwar. However, the learned Single Judge gave liberty to the respondents to initiate acquisition proceedings if the land was acquired for any public purpose. It has also been clarified that the possession 2 on the disputed land must be taken in accordance with the procedure established by law.
2. During the course of argument, Mr. Chauhan, learned counsel for the appellant has referred to letter dated 12.04.2013 indicating that unauthorized construction on link road upper Malipeth is in progress. The aforesaid letter obviously has been written after the decision of the learned Single Judge. If the appellant-petitioner is aggrieved by any such action of the respondents then the appeal under the Letters Patent would not be appropriate remedy and it has to be challenged before the appropriate Forum. Accordingly, we relegate the appellant-petitioner to workout his remedy in accordance with law.
3. The appeal stands disposed of.
4. A copy of this order be furnished to learned counsel for the appellant under the seal and signature of Bench Secretary of this Court.
(Dhiraj Singh Thakur) (M. M. Kumar) Judge Chief Justice Jammu, 22.04.2013 Vijay