Point of Law: Principle of natural justice aim is to secure justice or to prevent miscarriage of justice. Principles of natural justice do not supplant the law but supplement it.” These rules operate only in areas not covered by any law validly made. They are means to an end and not an end in themselves. The principles of natural justice have many facets. Two of them are: notice of the case to be met and opportunity to explain.

ORDER :

1. In the instant petition filed under Article 226 of the Constitution of India, the petitioner implores for the following reliefs;

(i) Issue the writ of certiorari quashing the Notice No. 59-64/NTB/2015-16 dated 19th September, 2015 issued by respondent No. 6.

(ii) With a further prayer restraining the respondents from interfering or causing any interference in any manner into the peaceful possession of the petitioners over their aforesaid properties of (i) petitioner No.1 in Khasra No. 859 measuring 7 Kanals situated in Village Salehar, Tehsil R. S. Pora, now Tehsil Bishnah; (ii) petitioner No. 2 in Khasra No.1787/106 measuring 5 Kanals 5 Marlas before Settlement and after Settlement (undertaken in early 90s) and changed to Khasra No. 1609 as per the new record, situated at Village Kothey Salehar, Tehsil R. S. Pora, now Tehsil Bishnah; (iii) petitioner No. 3 and 4 in Khasra No 1876/75 before Settlement and after Settlement (undertaken in early 90s) and changed to Khasra No. 242 as per the new record, situated at Village Kothey Salehar, Tehsil R. S. Pora, now Tehsil Bishnah (iv) And petitioner No. 5 in Khasra No. 724 measuring 8 Kanals 3 Marlas situated at Village Salehar, Tehsil R.S. Pora, now Tehsil Bishnah.

(iii) With a further direction to get the issuance of Notice by the respondent No. 6 to accommodate respondent No. 7 and so-called eviction of the poor petitioners from their aforesaid pieces of land, investigated by an Independent Investigating Agency i.e., CBI or any other Independent Investigating Agency in order to reach the truth and expose the misdeeds of respondent No. 4, 5 and 6 in harassing the poor petitioners.

(iv) Such other additional or alternative relief which this Hon’ble Court may in the facts and circumstances of the case deem fit and proper be also passed in favour of the petitioners and against the respondents.

2. The background facts under the shade and cover of which the petitioners implore for the reliefs aforesaid in brief as stated in the petition are that the petitioners fore fathers had been in cultivating possession of barren State land 50 years back. It is being stated that the petitioner No. 1 has been in cultivating possession of 7 Kanals of land covered under Khasra No. 859, petitioner No 2 in cultivating possession of land measuring 5 Kanals 5 Marlas under Khasra No. 1787/106 (after settlement Khasra No. 1609) and petitioners 3 and 4 in cultivating possession of land measuring 8 Kanals 15 Marlas covered under Khasra No. 1876/75 (after settlement Khasra No. 242) and petitioner No. 5 in cultivating possession of land measuring 8 Kanals 3 Marlas under Khasra No. 724 situated at village Salehar, Tehsil R. S. Pora now Tehsil Bishnah.

3. It is being stated that prior to be in cultivating possession of the aforesaid land, the petitioners grand-fathers and after their death, their fathers have been in cultivating possession of their aforesaid respective lands and same had been recorded in the relevant revenue records as well.

4. It is being stated that in view of being in continuous cultivating possession of their respective parcels of land, the official respondents ought to have conferred ownership rights thereof in favour of the petitioners but instead, it is being stated that the land in question came to be allotted through paper entries in favour of father of respondent No. 7 despite the fact that neither respondent No. 7 nor his father had been in cultivating possession of the land in question.

5. It is being stated that respondent No. 7 in connivance with respondent No. 4 approached respondent No. 2 through the medium of an application who is stated to have marked the same to Sub Divisional Magistrate, R. S. Pora with a direction to examine all records and to take further necessary action.

6. It is being stated that the file was reassigned by the said Sub Divisional Magistrate to respondent No. 5 who is stated to have along with respondent No. 4 processed the file and passed a direction to