Mohd. Shafi And Others vs State Of J&K And Others

Rajesh Bindal, J

The petitioners had approached this Court way back in the year 2012, praying for the following reliefs :-

"a. Respondents be restrained by issuance of appropriate writ, order or direction from dispossessing the petitioners from the land in question forcibly as also dismantling their buildings forcibly without adopting any due course of law."

A perusal of the aforesaid relief shows that the only prayer made was that the petitioner should not be dispossessed unless the due course of law.

While issuing notice on 12.04.2012, in fact, the final relief itself was granted to the petitioner with a direction that the respondents shall not evict the petitioner except in due course of law.

Thereafter, the matter was never listed in Court as not pursued by the petitioners.

In terms of the aforesaid interim order passed by the Court, the respondents may have taken effective steps, in case, the petitioners were in unauthorized occupation of any government land.

There are matters pending in this court in which issue of admission to various professional courses and other classes is involved. In some by interim order either admission was granted or seats were directed to be kept vacant but the cases are still lying in court for decades. There are matters where issues regarding construction of roads, culverts, schools, colleges, community centres and other projects of development are pending consideration before this court. In some cases interim stay has also been granted. In these cases even the government departments and counsels are not taking any interest to furnish the requisite information to the court and get those cases disposed of. In fact, as a result of pendency of these types of cases lot of development projects have been put on hold. These are few examples being noticed. There are many more.

Regularly, the cause list is being issued, which is being uploaded on the website of the High Court. The same is accessible to the Advocates as well as to the litigants. In the cause list issued for this Court, a specific note is being printed to the following effect:

"All Advocates whose cases are listed in cause list are requested to contact the concerned Bench Secretary-Mr. Hilal Yousuf on Mobile No. 9419150533 / Reader-Mr. Reagan Thakur on Mobile No. 9419140621."

In the present case as well none of the parties contacted the Bench Secretary or Reader of this Court.

Detailed reasons have been noticed in order dated June 30, 2020 passed in SWP No. 2374/2002 titled as Santosh Kumari Vs. State of J&K and others."

Keeping in view the prayer made in the present petition and interim order passed on 12.04.2012, nothing survives in the present petition and the same is accordingly, disposed of making the interim order absolute. The Vice Chairman of JDA is directed to take effective steps in the matter and conclude those within a period 06 months from the date of receipt of copy of this order and he further directed hold an inquiry against the guilty officials/officers who slept over the matter despite the direction issued by this Court to take steps to evict the petitioners by following due process of law.

A copy of order be sent to respondent Nos. 1 to 4 by the Registry of this Court.