JUDGMENT

1) The petition in hand has been filed by the petitioners in a representative capacity. It is averred in the petition that the petitioners are the residents of Hamlet Gurgardoo of Panchayat Halqa Gargardoo which falls in Mouza Garkoon and is habitation of Tehsil Kargil. It is the contention of petitioners that since the inhabitants of the village have a common cause, as such, the present petition is being filed in a representative.

2) The contention of the petitioners is that the land, charagah (kahcharai land) falling under Khasra Nos.2510 and 2513, as per the revenue record has been reserved for grazing purposes. It is contended that some outside residents of the hamlet residing in Village Garkhone, which is situated about 15 to 20 kilometers away from the area of the petitioners, are trying to encroach upon the land in question by raising construction for commercial purposes. To this extent, the petitioners have already approached the concerned Deputy Commissioner and Tehsildar requesting them to restrain these persons from raising illegal construction on the land in question, however, nothing has been done by these authorities. Copies of the some of the representations have been annexed with the writ petition as Annexure-IV. It is further averred in the writ petition that private respondent No.5, who is a resident of Uttarakhand, is forcibly and illegally making preparations for raising construction giving it a religious colour and banking upon some entry in Khasra Nos.2510 and 2513 made by Tehsildar vide No.1117 of 2014 in the name of respondent No.5. It is further averred that the entries made in the revenue record in favour of respondent No.5 are in total violation of Sections 24 to 27 of the Land Revenue act and Standing Order 23-A. The petitioners have, thus, filed the present writ petition seeking, inter alia, a direction upon respondents not to encroach upon Charagah (kahcharai land) which is being used by the residents of Panchayat Halqa Gar Gardoo Tehsil Kargil falling under Khasra Nos.2510 - 2513 situated in Mouza Gurkoon and to stop the commercial activities of laying bricks on spot. The petitioners are further seeking a direction upon the respondents to comply with the judgment passed by the Supreme Court in the case of Jag pal Singh vs.

State of Punjab and others (AIR 2011 SC 1123).

3) The official respondents have filed a short affidavit contending therein that as soon as the petitioners approached the answering respondents’ office complaining that some people of village Garkone have started making bricks on the land in question, the answering respondents immediately stopped such activities and as on today, no such activities are being carried out. It is further averred in the objections that as per the report of Patwari Halqa and perusal of the revenue records, land measuring 115 kanals 15 marlas under Khasra Nos.2510, 2511, 2512, 2513 Khata No.575 Khewat No.165 through Nautor mutation No.1117 has been entered in the name of Gompa Gurgurdoo of Village Garkone through Lama HH Skyabgon Kunchuck Stanzin Thanless Lundup and the land not been brought under cultivation due to non-availability of water source. In this connection, letter No.Teh-K/OQ-595/22 dated 03.12.2022 of Tehsildar, Kargil, along with copy of Jamabandi and mutation have been placed on record by the official respondents.

4) The private respondents have also filed their objections wherein they have raised a preliminary objection with regard to maintainability of the writ petition and have also disputed that the petition in hand has been filed in a representative capacity because there is no resolution signed by the inhabitants of the area. It is averred in the objections that the present petition has been filed by petitioners with mala fide and dishonest intention to harass the villagers which is evident from the fact that the petitioners have neither availed any remedy nor they sought permission from other members of Pan Sarpanch, though the