JUDGMENT

1. The petitioner through the medium of the instant petition has sought the following relief(s):

I) “By issuance of writ of mandamus or any other appropriate relief thereby directing upon the respondents not to restrain, not to cause any sort of harassment to the inhabitants while earning their livelihood by extracting sand and bolders/small stones from their property land and from the Arrah/Nallah situated in the Village Pariswani Tehsil Kawarhama District Baramulla.

II) By issuance of appropriate writs or appropriate orders thereby commanding upon the respondents to take a decision with regarding to depositing of royalty on behalf of the inhabitants for the land notified as Arrah/Nallah situated in Village Pariswani Tehsil Kawarhama District Baramulla so as to enable the inhabitants to utilize the same for their livelihood purposes to sustain and maintain their survival and feed their families.

III) By issuance of appropriate writ or appropriate order thereby direction upon the respondents not to cause unnecessary restrains to the inhabitants while utilizing their land and also while working in the said Arrah/Nallah for their livelihood purposes and allow the inhabitants to earn their livelihood in accordance with the law”.

Brief Facts:

2. The brief facts of the case are that petitioners, who are residents of village Pariswani, have filed the instant petition on behalf of the inhabitants of the said village, aggrieved of the action on the part of the respondents in not permitting the petitioners and other inhabitants to utilize their proprietary land by extracting sand, crusher material and bajri therefrom, particularly after the said land had been converted into a Nallah. It is further averred that the petitioners and other inhabitants are also not being permitted to extract stones and sand from the Nallah passing through the village, from which they have been earning their livelihood for centuries, despite the fact that the petitioners have been depositing royalty with the Government.

Submissions on Behalf of Petitioners:

3. Learned counsel for the petitioners, Mr. Gulzar Ahmad Sopori, submits that the Government without issuance of any notification is not accepting royalty from the inhabitants for extracting the said sand/small stones, which has caused hardships and starvation to the hundreds of families. It is contended that the main survival of the inhabitants is on the said extraction, and till 2021, the petitioners were regularly depositing royalty before the concerned department, pursuant to which they were permitted by the Government to extract sand and small stones from the Nallah in question. The material so extracted was being utilized for construction of buildings, houses and roads. According to the petitioners, the action of the respondents in not accepting the royalty and in restraining the inhabitants from carrying on their livelihood is illegal, arbitrary and unjustified.

4. It is further submitted that petitioners have been earning their livelihood by extracting sand and stones from the Nallah, i.e., Block Nos. 10, 11 and 12, upon payment of the requisite royalty, which was being regularly deposited earlier. It is further averred that the said Nallah passes through the proprietary land of the petitioners and that a portion of such proprietary land has since merged into the Nallah. The petitioners submit that, having no other regular source of income, they have been engaged in the extraction of sand and stones from the said Nallah since time immemorial for their sustenance.

5. Learned counsel for petitioners contended that they have been subjected to victimization, inasmuch as their vehicles have been seized and fines have been imposed by the respondents, and they are not being permitted to extract sand and stones despite the fact that they had been depositing royalty with the respondents. The petitioners, in support of their case, have relied upon Article 19 of the Constitution of India, contending