JUDGMENT :

1. Petitioners are permanent residents of village Arazi, Tehsil Samba, whereas respondent Nos. 1 to 4 are the residents of village Mandi Dansal, Tehsil and District, Samba. Both the villages, according to the petitioners, are contiguous to each other, separated by Samba-Sumb link road, the width of which is not more than 15 feet.

2. The case of the petitioners is that respondent Nos. 1 to 4 are claiming to have purchased land comprising Khasra No. 90/84 min measuring 11 kanals and 18 marlas situated in village Mandi Dansal, Tehsil and District Samba, which is opposite to their homes and forty other residents of Arazi. Agricultural land, which according to them, cannot be converted to commercial use but respondent Nos. 1 to 4, being rich and influential persons, have started construction of a multistoried building without seeking permission.

3. On being approached by the petitioners and others, respondent No.9 told them that the building will be used for establishing an English Medium School, but subsequently the petitioners became suspicious looking into the nature of construction. After enquiry, the petitioners came to know that the respondents are building a commercial complex including a Banquet Hall. The petitioners along with 29 other persons complained to the Deputy Commissioner, Samba and submitted an application before him on 27.03.2017 for getting the construction work stopped. He was assured that the Banquet Hall would not be allowed to be raised but no action was initiated to stop the construction. The petitioners and other residents of the village Arazi started agitation against the unauthorized construction thereafter respondent No.5 stayed the construction of Banquet Hall vide order dated 20.05.2017. It is also stated that the order was passed on the complaints/representation of the petitioners.

4. Order dated 20.05.2017 passed by the Deputy Commissioner, Samba was challenged by the respondents by filing a revision in the court of learned Sessions Judge, Samba, who stayed the operation of the said order vide his order dated 22.05.2017.

5. Aggrieved of the order dated 22.05.2017 passed by the learned Sessions Judge, the petitioners have approached this Court seeking following reliefs:—

“(i) that the court in exercise of powers under Section 104 of the Constitution of the Jammu and Kashmir issue an appropriate direction or order quashing order dated 22.05.2017 passed by the Sessions Judge, Samba in criminal Revision Petition File No. 4/Rev titled Smt. Sarika and others Vs Assistant Commissioner (Revenue), Samba whereby the order No. DCS/SQ/1718/353-56 dated 20.05.2017 passed by respondent No.5 has been stayed; ii) that the court in exercise of powers under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir issue writ, direction or order commanding respondent Nos. 4 to 7 to implement order dated 20.05.2017 by respondent No.5; and iii) further issue a writ of mandamus and prohibition restraining the respondent Nos. 1 to 4 and 9 from raising the construction of the building, Banquet Hall etc. on the land measuring 11 kanals and 18 marlas comprising under Khasra No. 90/84-min situated at village Mandi Dansal Tehsil Samba with a further direction to respondent Nos. 5 to 8 to get the unauthorized building demolished.”

6. Petitioners have further stated respondent No.1 is the daughter of respondent Nos. 4 and 9, respondent No. 4 is the wife of respondent No.9, respondent Nos. 2 & 3 are the daughter-in-laws of respondent No.9. The construction is being raised by respondent Nos. 1 to 4 through respondent No. 9.

7. The ground of challenge in para (20) of the petition are summarized as under:—

“(a) that order dated 20.05.2017 passed by respondent No.5 cannot be said to be an order passed under Section 133 Cr.P.C and, therefore, the revision cannot be entertained.

(b) that order dated 20.05.2017 was issued because the construction was raised without permission o