Jammu, Nov 21: In WP(C) No. 2860/2023 titled Mohd. Ayoub Khan and another Vs UT of J&K and others after hearing HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDERED as:-
01. From the perusal of the record, there is no single averment in the writ petition as to how the petitioners came to feel aggrieved at the hands of the respondent nos. 1 to 6, all of whom being the public authorities/public officials as named in the writ petition. In the writ petition, the petitioners have pleaded that bearing an apprehension that their proprietary land is likely to suffer some wrong/mischief in the name of laying of a road from Timbra Kulani Bridge to 9th Km Mandi phagla PMGSY Road via Mohalla Kheith, village Fatehpur, tehsil Mandi, district Poonch, they apprised orally the respondent no. 3 – Deputy Commissioner, Poonch for registering their apprehension so as to seek indulgence of the respondent no. 3 - Deputy Commissioner, Poonch to look into the grievance.
02. The petitioners have not pleaded that they have ever approached the Chief Engineer, PWD(R&B) Department or for that matter the nearest available Superintending Engineer, PWD (R&B), Division Poonch or Superintending Engineer, PWD (R&B) Circle Rajouri to agitate their concern.
03. The only averment in the writ petition is that the respondent nos. 7 & 8, who are the Sarpanch and Lamberdar of village Kehnu in order to save their land coming under the alignment of the said road are engaged in getting the road constructed in violation of survey and DPR.
There is not even a single whisper of reference that the diversion is meant to pass through the land of the petitioners, as such, this petition is ex-facie seeks to be misconceived/frivolous. However, learned counsel for the petitioners submits that the apprehensions of the petitioners are well placed.
04. This Court find itself in a state of dilemma with respect to the fact that the persons of far-flung areas that too of district Poonch are made to suffer an apprehension qua their property falling prey to construction of public projects like road construction without adopting due course of law as if there is no district administration level set up set up to address their concerns and instead they find themselves constrained to approach the High Court of UT of Jammu & Kashmir and Ladakh at Jammu with the writ petition, when approach district level administration shall be a matter of first resort.
05. In the context of the present case, in case the petitioners are resorting to falsehood and frivolity with the alleged cause of action in coming to this Court, then the petitioners must suffer the consequences and before that this Court deems it appropriate to have the respondent no. 3 – Deputy Commissioner, Poonch appear in person in this Court on 29.11.2023 to assist this Court in the matter.
06. Registrar Judicial, Jammu to send a copy of this order to the respondent no. 3-Deputy Commissioner, Poonch for compliance and report.
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