AI Structured Summary
Not yet generated for this judgment
Judgment
Tashi Rabstan, CJ
Through the medium of this review petition, the petitioners are seeking review of order/judgment dated 19.12.2022 passed in WP(C) No.2642/2021 along with connected CMs 948/2021, 9051/2021 and 2673/2022.
The petitioners had filed WP(C) No.2642/2021 seeking a direction to the respondents herein to constitute an independent committee for issuance of fresh demarcation report done by Electronic Total Station Machine (ETSM) comprising under Khasra No.592 (31K 08M); 592-min (06K 01M); 593 (04K 06M) and 594 (06K 03M), total measuring 47K 18M, situated at Village Gandharwan, Tehsil Akhnoor, District Jammu.
The said writ petition came to be dismissed on 19.12.2022 being not maintainable on the ground that the controversy with regard to the land falling under Khasra No.591 has already been adjudicated upon by the Civil Court.
Now the petitioners herein have filed the instant review petition on the ground that although the petitioners had not sought any relief in WP(C) No.2642/2021 qua the land falling under Khasra No.591, yet this Court dismissed the said writ petition on the ground that the controversy with regard to the land falling under Khasra No.591 has already been adjudicated upon by the Civil Court. A perusal of the file of WP(C) No.2642/2021 reveals that though the petitioners had not sought any relief qua the land falling under Khasra No.591, however, there was a mention of Khasra No.591 in the objections filed by the respondents to the said writ petition. Therefore, we find force in the argument of learned counsel for petitioners.
Viewed thus, we deem it proper to allow the review petition. Accordingly, the review petition is allowed and the order/judgment dated 19.12.2022 passed in WP(C) No.2642/2021 along with connected CMs 948/2021, 9051/2021 and 2673/2022 is recalled and the writ petition is restored to its original number.
Registry is directed to list WP(C) No.2642/2021 along with WP(C) 347/2021 on 22.04.2025