Judgment · High Court of Jammu & Kashmir and Ladakh
Case at a glance
Outcome
Disposed of
petitioners and the nature of relief prayed for, this petition is disposed of
Provisions considered
Judgment
Through: Mr. M. Y. Lone, Advocate State of J&K and others V/s Through: Mr. Usman Gani, GA for R1-4 Mr. Bhat Fayaz, Advocate for R5-9 … Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
Operative part
O R D E R 19-05-2022 In this petition, the petitioners have primarily prayed for a writ of mandamus to the official respondents to strictly comply with the provisions of section 3 of the J&K Common Land Act by removing the encroachment of water channel (Khoul) leading to the land of the petitioners. At the outset it may be pointed out that with the promulgation of J&K Reorganization Act, 2019, the J&K Common Land Act has been repealed and, therefore, no mandamus can be granted to any authority including the official respondents to implement the provisions of the repealed Act. Faced with the aforesaid position, learned counsel for the petitioner submits that the petitioners would feel satisfied if this petition is disposed of with a direction to the Deputy Commissioner, Ganderbal, who is seized of the application of the inhabitants of village Margund, Kangan, district Ganderbal, to take appropriate decision thereof. WP (C) 2725/2019 Page - 2 Having regard to the submissions made by learned counsel for the petitioners and the nature of relief prayed for, this petition is disposed of directing the Deputy Commissioner, Ganderbal to consider and take appropriate decision on the application, if any, received by him from inhabitants of village Margund, Kangan district Ganderbal through the petitioners, in accordance with law and after providing an opportunity of being heard to the respondents 5 to 9. Needless to say that with regard to grievance projected by the petitioners in this petition, the Land Revenue Act provides enough remedies. Petitioners may, therefore, have to work out their remedy under the said Act. Srinagar 19-05-2022 N Ahmad (SANJEEV KUMAR) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitioners and the nature of relief prayed for, this petition is disposed of
Which statutory provisions did this judgment involve?
J&K Common Land Act — s. 3; J&K Reorganization Act, 2019; Land Revenue Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.