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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL
Raj Kumar Sharma S/o Bihari Lal, Ex-Sarpanch – Appellant
Versus
UT of J&K Th. Commissioner Secretary, Revenue Jammu/Srinagar – Respondent
ORDER :
1. Petitioner through the medium of instant petition, which has been filed in a representative capacity on behalf of the Inhabitants of Villages Seohra, Kharia, Ranjeet Pura, Tarlokpur, Kharbuja and Khanpur, Tehsil & District Jammu has sought the following reliefs:-
(i) WRIT OF MANDAMUS thereby directing the respondents maintain the usage and free access to the existing public road i.e. 40 feet wide road situated opposite Yog Ashram near Revenue Complex Gol Gujaral to Tulsi Vihar Colony.
(ii) Further, restraining respondent No. 2 from interfering into the smooth functioning of 40 ft. wide road connecting Yog Ashram near Revenue Complex Gol Gujarai io Tulsi Vihar colony.
(iii) WRIT OF PROHIBITION, thereby prohibiting respondent No. 2 from encroaching upon public road opposite Yog Ashram to Tulsi Vihar Colony, Sehora, Gol Gujral, Jammu and restraining them from closing/narrowing public road.
(iv) Any other writ, order or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the present case.
2. The very foundation in the instant petition is that the public road, which is being encroached upon, is 40 feet wide opposite Yog Ashram near Revenue Complex
The court dismissed the petition as the allegations of encroachment by the Jammu Development Authority were found to be unfounded based on the action taken report.
The court found insufficient evidence of willful disobedience of its orders regarding encroachment, leading to the dropping of contempt proceedings.
encroachment of Land - photographs cannot give clear picture about the fact that whether road has been encroached upon or not and to what extent it is encroached upon and the same is encroached upon ....
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