Jammu & Kashmir High Court
Joginder Kour And Ors. vs State Of J&K; And Ors. on 23 February, 2018
Author: Alok Aradhe
Bench: Alok Aradhe
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
OWP No.343/2018, MP No.01/2018
Date of order: 23.02.2018
Joginder Kour and ors. Vs. State of J&K and Ors.
Coram:
Hon'ble Mr. Justice Alok Aradhe, Judge
Appearing counsel:
For Petitioner/Appellant(s) : Mr. Rajeev Kr. Sangotra, Advocate.
For respondent (s) : Mr. H S Siddiqui, Sr. AAG.for R-1 to 4.
Ch. Mohd. Shabir, Adv for R-5&6.
i/ Whether to be reported in : Yes/No
Press/Media
ii/ Whether to be reported in : Yes/No
Digest/Journal
The petition is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally.
In this petition, the petitioners inter alia have prayed for following reliefs:
"Writ of prohibition restraining the respondents from installing more poles and affixing the transmission lines over the poles in the land of the petitioners, i.e., land measuring 01 kanal 10 marlas falling under Khasra No.734 min Khata No.323 and Khewat No.66 and land measuring 1 kanal falling under Khasra No.734 min Khata No.323 and Khewat No.66 situated at Channi Himamat, Tehsil and District Jammu With further writ of mandamus directing the respondents to remove the poles installed by the respondents in the land of the petitioners and shift the same to some other place."
When the matter was taken up today, learned counsel for the petitioner submits that respondents are installing more poles and affixing the transmission lines over the poles in the land of the petitioners, i.e., land measuring 01 kanal 10 marlas falling under Khasra No.734 min Khata No.323 and Khewat No.66 and land OWP No.343/2018, MP No.01/2018 Page 1 of 2 measuring 1 kanal falling under Khasra No.734 min Khata No.323 and Khewat No.66 situated at Channi Himamat, Tehsil and District Jammu.
In view of the aforesaid submissions, learned Senior Additional Advocate General submits that only old poles are to be replaced by installation of new poles on the land of the petitioners.
In view of the submissions made and in the facts of the case, the writ petition is disposed of with the direction that in case respondents install any new poles on the land of the petitioners, they shall do so in accordance with law. It is made clear that this Court has not expressed any opinion on merits of the case of the petitioner.
With the aforesaid direction, the writ petition stands disposed of along with connected MP.
(Alok Aradhe) Judge Jammu 23.02.2018 Raj Kumar OWP No.343/2018, MP No.01/2018 Page 2 of 2