Makhan Singh and Another v. Sakriya Nagrik Sanstha Th S D Sharma and Others

ORDER

03.03.2025

CM No.1161/2025

¶1This is an application filed by the applicants seeking leave to file the above titled appeal.

¶2It is submitted that the non-applicant no.1 herein has filed writ petition bearing WP(C) No. 615/2023 in which it has sought directions to the Sr. No. 06

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respondents therein to restore the Gair Mumkin Choi (Nallah) Water Body, drainage and channel, situated at Village Supwal, Tehsil Vijaypur, District Samba.

¶3It is further submitted that the learned Writ court, while issuing notice, and without hearing to the applicants herein, has passed the order dated

11.02.2025, which is impugned herein, whereby the Deputy Commissioner, Samba is directed to take action against the encroachers and file a detailed affidavit in this regard by the next date of hearing, and the case was fixed for hearing on today i.e. 03.03.2025.

¶4It is submitted that the applicant no.1 filed application before Tehsildar Vijaypur, District Samba on 17.02.2014, for demarcation of his land and the said application was disposed of by the concerned on 03.11.2014.

¶5It is further submitted that the applicant no.1 is an ex-serviceman, who purchased 6 marla plot of land comprising under Khasra No.398 min, Khata no.126 min and Khewat No.4 situate at Supwal, Tehsil and District Samba from one Chuni Lal S/O Gangu R/O Supwal, Samba by way of a sale deed dated

23.11.2005 registered by the Sub Registrar, Samba on the same day.

¶6It is further submitted that the respondent no.1 has not arrayed the applicants in his Writ Petition (C) No. 615/2023 as party. And, the learned Writ Court vide order dated 11.02.2025, passed directions to respondent no.3-DC, Samba to take action against the encroachers and file detailed affidavit before the next date of hearing.

¶7The applicants, herein being the affected parties are aggrieved of the order impugned passed by the learned Single Judge on the ground that the impugned order has been passed at their back because they, being the affected parties, were not arrayed as parties and heard in the writ petition. In this

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backdrop, the appellants have filed the appeal at hand challenging the impugned order on the grounds pointed above.

¶8Under the circumstances, the leave is granted.

¶9We direct the Registry to make the appellants as party respondents no.7 and 8 in WP(C) No. 615/2023 and update the cause title of the writ petition accordingly.

¶10The appeal is disposed of by providing that the appellants shall file their objections to the main writ petition as well as lay motion seeking modification/alteration of the order impugned dated 11.02.2025 within a period of ten day from today positively before the learned Single Judge.

¶11In the event, appellants file application seeking modification/alteration of order dated 11.02.2025 within the stipulated period, we make a request to learned Single Judge to consider and decide such modification/alteration application at the earliest.

¶12If the modification/alteration application is filed within ten days before the learned Single Judge, and till the same is considered by the learned Single Judge, status quo qua the appellants be maintained by the parties.

¶13With the aforesaid directions, the appeal stands disposed of.

(MA Chowdhary) (Tashi Rabstan) Judge Chief Justice Jammu

03.03.2025 Raj Kumar

Whether the order is reportable? : Yes/No.

Whether the order is speaking? : Yes/No.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 36/2025 in [WP(C) No. 615/2023] CM No. 1161/2025 CM No. 1162/2025 CM No. 1163/2025 1. Makhan Singh, age 58 years S/O Sh. Mewa Singh 2. Sukhvinder Kour, age 42 years W/O Sh. Jasbir Singh, both residents of Village Supwal, Tehsil Vijaypur, District Samba ….. Appellant/Petitioner(s) Through: Mr. Dhiraj Chowdhary, Advocate Vs 1. Sakriya Nagrik Sanstha through its convenor Col. (Retd) S. D. Sharma S/O Sh. Nanak Chand, R/O Village Supwal, Tehsil Vijaypur, District Samba. 2. U.T. of J&K through Commissioner/Secretary, Revenue Department, Civil Secretariat, Jammu. 3. Commissioner/Secretary, Forests, Environment and Fisheries Department, Civil Secretariat, Jammu. 4. Divisional Commissioner, Jammu. 5. Deputy Commissioner, Samba. 6. Tehsildar, Vijaypur, District Samba. .…. Respondent(s) Through: Coram: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE