Trial Court has gone beyond its authority: HC

Excelsior Correspondent
Srinagar, Nov 20: High Court today said that Trial Court in North Kashmir has gone beyond bounds of its authority by allowing construction of a shrine without permission from the Municipal Committee, Pattan.
“In the totality of the facts and circumstances, I am of the opinion that this is a fit case where the Court, in exercise of the power of superintendence vested in it under Article 227 of the Constitution of India read with Section 104 of the Constitution of Jammu and Kashmir, should take cognizance of the matter and pass appropriate orders to keep the trial court (Sub-Judge Pattan) within the bounds of its authority and to ensure that it does what its duty requires it to do and to do it in a legal manner”, Justice Ali Mohammad Magrey observed.
Justice Magrey directed the Registry to register the matter under the appropriate case heading and issue notice, returnable within 15 days, to both, the parties in the suit, requiring them to show cause why the order dated 23.10.2017 was passed by the Sub-Judge.
Sub-Judge on October 23 had directed the Municipal Committee Pattan not to interfere in the construction of Ziyarat Shareef at Baba-Tang, Pattan that was being raised without building permission from the competent authority and High Court stayed the order.
Court directed the Ziyarat Shareef Committee Baba-Tang, Pattan in the suit and the Sub-Divisional Police Officer, Pattan, shall ensure that no such construction activity is allowed to be carried on the spot.
“The Sub-Divisional Magistrate, Pattan, shall file an affidavit supported by revenue documents, indicating the nature of the land, the subject matter of the suit, and all its relevant details”, Court directed.
Court also directed the Executive Officer, Municipal Committee, Pattan, to file an affidavit, disclosing therein, among other things, the circumstances under which the document bearing endorsement No. Camp-01-04 dated 23.10.2017 had come into existence.
So far as the complaints with regard to illegal construction as also the act of Sub-Judge in the matter is concerned, Court directed the Court Secretary to submit the same along with a copy of the order (cognizance order ) to the Principal Secretary to the Chief Justice for appropriate orders as may be deemed appropriate on the administrative side.
Court has retained the records and proceedings of trial court in the matter and directed the Registry to place it along till further orders. “The Registry shall show the defendants in the suit as well as the plaintiffs therein as respondents in the index of the instant suomotu case”, reads the order.
Few days back, an anonymous undated letter bearing four signatures, purported to be written by some Civil Citizen Forum/Civil Society Pattan has been received by the Court containing certain allegations against the Sub-Judge, Pattan.
In this regard, Court sought report from the Principal District and Sessions Judge. He confirmed the facts. It is in the background of the aforesaid facts the Court called for the record of the civil suit from the court of Sub-Judge, Pattan, for perusal.
Another complaint was received by the Chief Justice on the subject containing certain allegations, under the cover of Principal Secretary to the Chief Justice.


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