The suppression of material facts by petitioners in a writ petition constitutes an abuse of the court's process and justifies dismissal of the case.

JUDGMENT

1. Heard learned counsel for the caveator. Caveat stands discharged.

2. The petitioners through the medium of the instant petition have called in question the orders dated 19.09.2025 passed by the Financial Commissioner, order dated 01.01.2025 passed by the Additional Commissioner, Kashmir and also the order dated 25.04.2024 passed by the Deputy Commissioner, Kupwara.

3. Briefly stated facts of the case are that the private respondents herein filed an application before the Deputy Commissioner Kupwara seeking removal of obstruction/encroachment on the public link road constructed by Rural Development Department. The Deputy Commissioner vide order dated 30.04.2024 directed the Tehsildar Lalpora to visit the spot and remove the obstruction/encroachments, if any, as per the law. The petitioners herein challenged the said order of the Deputy Commissioner in an appeal before the Divisional Commissioner Kashmir who transferred the same to the Additional Commissioner Kashmir (with powers of the Divisional Commissioner) for disposal. The Additional Commissioner Kashmir dismissed the appeal vide order dated 01.01.2025. The order of the Additional Commissioner Kashmir was again challenged, which was upheld by the Financial Commissioner vide order dated 19.09.2025. It is these orders of the Financial Commissioner, Additional Commissioner and Deputy Commissioner, Kupwara that are the subject of challenge in the present writ petition.

4. The core issue in the instant petition revolves around the alleged encroachment of a public pathway by the petitioners. The petitioners have specifically pleaded that the land in question forms part of their proprietary land under Khasra No. 1660 (11K 10M) of estate Surigam.

5. The record reveals that the private respondents have filed an application before the Deputy Commissioner, Kupwara on 07.10.2022 on the same subject matter and the Deputy Commissioner had directed the Block Development Officer (BDO) concerned to take appropriate action in the matter and the BDO concerned endorsed the report of Secretary Panchayat to Tehsildar concerned for appropriate action. From the said record it appears that report dated 15.04.2022 of the Secretary Panchayat that the link road, which is the subject matter of the instant petition has been constructed by the Rural Development Department under 14^th Finance Commission Convergence Scheme during the year 2017-18. The report clearly mentions that the said link road has been encroached upon by the petitioners herein. Due to inaction in the matter, the private respondents approached the Deputy Commissioner in which order dated 25.04.2024 came to be issued which was impugned before the appellate court. The Tehsildar concerned in compliance to the aforesaid order constituted a team of revenue officials for spot visit and removal of the obstructions from the link road.

6. The record further reveals that it is only after the constitution of the team and the spot visit that the Tehsildar through order dated 09.07.2024 has removed the obstruction and filed a compliance report before the Deputy Commissioner.

7. The report dated 04.07.2025 of Tehsildar Lalpora in the matter was also considered by the Revisional Court which reveal that the Rural Development Department has executed the earth cutting work of the said pathway which falls under Khasra Nos.1673, 1675, 1678 and 1679 of estate Surigam. It is also reflected in the said report that portion of the pathway in question which had been blocked by the petitioners, falls under Khasra No. 1673 recorded as Shamilat-deh maqbooza malikan. The report further depicts that the proprietary land of the petitioners