Jammu & Kashmir High Court
Devinder Kumar vs State Of J&K; And Others on 28 December, 2018
Author: Sanjay Kumar Gupta
Bench: Sanjay Kumar Gupta
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
OWP No. 2673/2018
Date of order: 28.12.2018
Devinder Kumar Vs. State of J&K and others
Coram:
Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge.
Appearing counsel:
For Petitioner (s) : Mr.G. S. Thakur, Advocate
For Respondent (s) : Mr. Ajaz Lone, GA vice
Mr. S. S. Nanda, Sr. AAG
i) Whether to be reported in Digest/Journal : Yes/No.
ii) Whether approved for reporting in Press/Media : Yes/No.
1. Heard.
2. Notice. Mr. Ajaz Lone, learned GA appearing vice Mr. S. S. Nanda, learned Senior AAG waives notice on behalf of the respondents.
3. The case of the petitioner is that petitioner is aggrieved by the order impugned No. T-P/OQ/537 dated 30.10.2017 issued by the respondent No. 2 by virtue of which the petitioner has been restrained from raising the construction of the shops and putting lentil over the same, on the application filed by the respondent No. 3 without any right and the respondent No. 2 without any jurisdiction has issued the order impugned. The petitioner is the owner in possession of the land falling under Khasra No. 167 land measuring 03 Kanal 04 Marlas which is the proprietary land of the petitioner and he is in possession of the said land since the date the same was purchased from the erstwhile owner who sworn an affidavit admitting the possession of the petitioner and changing of the relevant entries. The respondent No. 3 time and again made attempts to take over forcibly the OWP No. 2673/2018 Page 1 of 2 possession of the land owned by the petitioner, however, he could not succeed to take over the possession by dispossessing the petitioner.
4. After arguing for a while, learned counsel for the petitioner has stated that petitioner would be satisfied if respondent No. 2 is directed to conclude the inquiry with regard to complaint against the petitioner for raising the construction in Khasra No. 167 situated at village Phagwari, Tehsil, Pargwal and District, Jammu, within some stipulated time.There is no legal impediment in granting such a relief.
5. To this, Mr. Ajaz Lone appearing vice Mr. S. S. Nanda, learned Senior AAG has stated that he has no objection in case submission of the learned counsel for the petitioner is allowed.
6. In view of the aforesaid submissions and in the facts of the case, this petition is disposed of with a direction to respondent No. 2 to conclude the inquiry with regard to complaint for raising construction in Khasra No. 167 situated at village Phagwari, Tehsil, Pargwal and District, Jammu, within a period of six weeks' from the date of receipt of a certified copy of this order and compliance report be submitted to the Registrar Judicial after six weeks.
7. Writ petition along with connected IAs is disposed of, as above.
(Sanjay Kumar Gupta) Judge Jammu 28.12.2018 Meenakshi OWP No. 2673/2018 Page 2 of 2