Excelsior Correspondent
JAMMU, Jan 20: High Court of Jammu & Kashmir and Ladakh, while hearing four different petitions challenging impugned Circular Bearing No. 02-JK(Rev) of 2023 dated 09.01.2023, by virtue of which a direction has been issued to all the Deputy Commissioners to ensure that all encroachments on State land including Roshni and Kachharie land are removed to the extent of 100% by 31st January 2023, has issued notice to the Advocate General with the direction to file response within four weeks.
The petitions have been filed by Bashir Ahmad Wani, Abdul Khaliq Tantray, Abdul Khaliq Tantray and Mohammad Ashraf Shah.
During the course of hearing, Advocate Bilal Ahmad Malla submitted that the impugned circular is bereft of any legal sanction or authority as the action is sought to be initiated pursuant to the issuance of circular which would jeopardize the fundamental rights of the petitioner as enshrined in Article 21 of the Constitution of India without following the procedure as established by law.
“The circular has been issued in the most mechanical manner and without following procedure as prescribed under Land Revenue Act with particular reference to Section 133 of the Act”, the petitioners submitted, adding “the impugned circular, even otherwise, is also bad in the eyes of law as in wake of the annulment of the Roshni Act vide judgment passed by the Division Bench of High Court dated 09.10.2020 and pursuant thereto a meeting was held wherein it was resolved that the judgment would be executed/implemented strictly in compliance with the mandate of law governing the field–Land Revenue Act”.
“The impugned order also suffers from the vice of being issued without following the minimum required principles of natural justice as the petitioners have not been given a right of hearing before coercive measures have been taken through the impugned circular”, the counsel submitted, adding “petitioners have not been issued any show cause notice, and, therefore, the action contemplated under the impugned circular would be against the mandate of the law laid down by the Apex Court”.
After hearing counsel for the petitioners, Justice Nargal observed, “before proceedings further in the matter it would be apt to issue notice to the Advocate General to assist the court in the matter”. Accordingly, High Court issued notice in the main as well as in the connected CM to the Advocate General for filing response within a period of four weeks.
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