Point of Law: Demarcation of the land - Semarcation of the land in question would in essence lessen the controversy involved in the case between the parties.

JUDGMENT :

JAVED IQBAL WANI, J.

1. Supervisory jurisdiction of this court under Article 227 of the Constitution is being invoked by the petitioners seeking quashment of orders dated 8.2.2018, 9.4.2018 and 19.12.2019 (for short impugned orders) passed by the court of Sub Judge, Pattan, (for short the trial court) in suit titled Syed Akber Shah and Others vs. State of J&K and Others.

In the aforesaid suit the respondents 4 to 7 herein are plaintiffs, while as respondents 1 to 3 as also the petitioners 1 to 4 herein are the defendants.

2. Before proceeding to deal with the instant petition certain relevant and germane facts are delineated hereunder:

(i) A suit for permanent injunction has been filed by the plaintiffs seeking a decree of permanent injunction wherein they claimed to be owners in possession of land measuring two kanals and 17 marlas falling under survey No. 1583 (02 kanals and 08 marlas) and survey No. 1576 (09 marlas) situated at Moza Diwer, Yakmenpora, Pattan whereupon residential houses and other concrete structures have been raised and that they are residing therein. Adjacent to the said property of the plaintiffs another patch of land falling under survey No. 1585 is stated to be existing being state land and taken over by the villagers claiming the same to be belonging to Imambara and Ziyarat Sharief, Diwer. Upon the said land the government is stated to have constructed a school building.

(ii) The defendants 4 to 8 are stated to have raised a dispute on the spot on behalf of Imambara Committee and sought demarcation of the said land falling under survey No. 1585 to which the plaintiffs are stated to have agreed to and as a consequence whereof the plaintiffs are stated to have approached the Director Land Records, Srinagar and obtained a draft copy of “Aksi Shajra Kashtwar.” The defendants 4 to 8 are stated to have been mislead by erstwhile Patwari of the Halqa, namely Abdul Majeed, regarding the actual boundaries of the land in question.

(iii) Upon a consensus arrived at between the parties, defendants 2 and 3 along with a team of Patwaris are stated to have proceeded on spot to undertake demarcation of the land in question which exercise is stated to have been obstructed by defendants 4 to 8 resulting into forestalling of the said demarcation. The defendants 4 to 8 are stated to have been trying to raise plinth for constructing a boundary wall on the land in question usurping the land of the plaintiffs as well, by dislodging and dispossessing the plaintiffs from their proprietary land compelling the plaintiffs to approach the defendants 2 and 3 for taking an action in the matter, who are stated to have failed to take the same, thus resulting into institution of the suit.

(iv) The defendants 4 to 8 in their written statement filed in response to the suit of the plaintiffs admitted the position of the land covered under survey Nos. 1583 and 1576, however, claimed that the land in question is actually in survey No. 1585 and not in survey Nos. 1583 and 1576, thus having joined an issue that the plaintiffs under the garb of the land in survey Nos. 1583 and 1576 had encroached upon the land falling under survey No. 1585. Confronted with the aforesaid stand of the defendants 4 to 8, the plaintiffs filed an application before the trial court seeking demarcation of the land falling under survey Nos. 1583, 1576 and 1585. The said application upon being contested by defendants 4 to 8 came to be disposed of by the trial court in terms of order dated 8.2.2018 appointing Tehsildar Singhpora as a Commissioner to be assisted by a neutral team of Revenue officers to be constituted by him for demarcation of the whole land falling under survey Nos. 1583, 1576 and 1585.

(v) The order dated 8.2.2018 has been followed by another order dated 9.4.2018 passed by the trial court while considering two applications - one filed by defendants 4 to 8 seeking review of the order dated 8.12.2018 and another by Tehsildar Singhpora seeking modificatio