Jammu & Kashmir High Court
Pardeep Singh vs Chanchal Singh on 12 August, 2021
Serial No. 103
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
MA No. 13/2021
CM No. 6263/2021
CM No. 6264/2021
Pardeep Singh ...Appellant(s)
Through:- Mr. O.P. Thakur, Sr. Advocate with
Mr. R.K.S. Thakur, Advocate.
v/s
Chanchal Singh ...Respondent(s)
Through:- Mr. S.S. Nanda, Sr. AAG.
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
CM No. 6263/2021
For the reasons stated in the application seeking leave to file an
appeal, same is allowed and leave is granted.
Application disposed of.
MA No. 13/2021
CM No. 6264/2021
1. The appellant herein, questions in the instant proceedings order dated
26.12.2020 read with order dated 23.07.2021 passed by the Court of learned
Ist Additional District Judge, Jammu in Civil Suit titled as "Chanchal
Singh and another Vs. Union Territory of J &K and others".
2. According to the learned counsel for the appellant, a writ petition
came to be filed by the villagers of Lower Barnai, Tehsil Jammu (North),
District, Jammu through the present appellant against the official
respondents seeking therein inter alia reliefs that the official respondents
shall exercise their statutory duties under Jammu and Kashmir Land
Revenue Act read with the provisions of Jammu and Kashmir Water
Resources Regulation and Management Act 2010 and to remove the illegal
and unauthorised encroachment over the Gair Mumkin Choi/Nallah (Water
Body) falling under Khasra No. 99, measuring 17 Kanals, 14 Marlas
situated at Village, Lower Barnai, Tehsil Jammu (North), Jammu being
used by the villagers for common purpose i.e. free flow of seasonal rainy
water.
3. According to the learned counsel, the said writ petition came to be
disposed of by this Court in terms of order dated 28.12.2019 whereby, the
respondent No.3- Sub Divisional Magistrate, Jammu (North) was directed to
take appropriate action in the matter and to find out as to whether any
encroachment has already been done or the State land is sought to be
encroached upon by anyone.
4. According to the learned counsel, three months' time was granted to
the official respondents for taking required steps after issuance of notice to
the persons for likely to be affected.
5. According to the learned counsel, pursuant to the aforesaid order
dated 28.12.2019, a representation also came to be submitted by the
inhabitants of Village Lower Barnai, Tehsil Jammu (North), Jammu before
respondent No. 3 in the said petition and respondent No. 7 herein, for
carrying out the directions passed by this Court dated 28.12.2019.
6. According to the learned counsel, when the official respondents
undertook the process in line with the directions passed by this Court as
contained in order dated 28.12.2019, the contesting respondents herein
(alleged encroachers) instituted a suit for declaration and injunction against
the official respondents seeking setting aside of order dated 23.07.2020
passed by the Tehsildar Jammu (North) and order dated 02.09.2014 passed
by the Assistant Commissioner (Revenue) Jammu.
7. According to the learned counsel, before the Trial Court even though
the official respondents entered appearance through their counsel, yet did not
either file any objections to the application for interim relief or written
statement to the suit, resulting into passing of impugned order dated
26.12.2020, whereby the parties came to be directed to maintain status quo
with respect to the suit land.
8. According to the learned counsel, the said order of status qua came to
be further extended in terms of order dated 23.07.2021 on which date,
according to the learned counsel, the defendants-respondents herein again
did not file any objections or written statements before the Trial Court in
response to the suit and application for interim relief filed by the contesting
respondents.
9. According to the learned counsel, on coming to know about the
institution of the suit and causal approach being adopted by the official
respondents in not contesting the said suit, the appellant herein being
representative of the inhabitants laid a motion for impleadment as a party in
the said suit on 02.03.2021, and ever since its filing, none of the contesting
parties before the Trial Court have filed their objections thereto on one hand
and the Trial Court is not considering and adjudicating upon the said
application on the other hand.
10. According to the learned counsel, the failure of official respondents to
contest the suit before the Trial Court inasmuch, as the failure of the Trial
Court to dispose of the application filed by the petitioner for impleadment as
a party is working against the rights and interest of the inhabitants as the
contesting respondents are enjoying the interim orders passed by the Trial
Court in their suit.
11. According to the learned counsel, the non-filing of the written
statements and objections by the official respondents to the suit and
application for interim relief would also have an adverse effect on the rights
and interest of the inhabitants, as the contesting respondents herein, plaintiff
before the Trial Court, may succeed in getting an ex-parte decree and
judgment in their favour qua the encroached Choi/Nallah.
12. Heard learned counsel for the appellant.
13. Mr. Nanda, Sr. AAG present on asking of the Court, enters
appearance on behalf of the official respondents.
14. Mr. Thakur, while making a submission in line with the contentions
raised in the appeal would contend that the present appeal be disposed of at
this stage, directing the Trial Court to consider and dispose of the application
for impleadment filed by the present petitioner expeditiously, within some
stipulated period. He would further prays for a direction to the Trial Court to
expedite the disposal of the application for interim relief as well.
15. Mr. Nanda, is not averse to the disposal of the instant appeal at this
stage, and grant of the innocuous relief sought by the learned counsel for the
petitioner.
16. Having regard to the nature of controversy involved in the appeal
coupled with the submissions made by the learned counsel for the parties, it
is felt desirable to dispose of the appeal at this stage, without summoning the
contesting respondent Nos. 1 and 2 by directing the Trial Court to consider
and dispose of the application for impleadment claimed to have been filed
by the appellant herein in the suit expeditiously, preferably within a period
of two weeks from the date this order is produced before the Trial Court and
upon disposal of the said application, the Trial Court to consider and dispose
of application for interim relief expeditiously as well. Ordered accordingly.
Disposed of in the above said terms.
(JAVED IQBAL WANI)
JUDGE
Jammu
12.08.2021
Renu
RENU BALA
2021.08.16 17:10
I attest to the accuracy and
integrity of this document
