The High Court of Jammu and Kashmir dismissed an Order Writ Petition filed in 2012 seeking protection for life and property due to alleged forcible occupation, holding the prayer infructuous as the matter had not been pursued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No.11 Sppl. 1
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
OWP No. 205/2012 (O&M)
Sushma Devi and others …Petitioner(s)
Through:-
v/s
State of J&K and others ….Respondent(s)
Through:-
Coram: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
2012 praying for the following reliefs :-
“(i). Issue a writ of mandamus to respondent No. 2 to protect the lives of the petitioners as well the immoveable property owned by the petitioner No. 2 in the shape of House No. 113 situated at Bhagwati Nagar initially constructed on a piece of land measuring 7 marlas and 106 square feet presently about 04 marlas and 106 square feet bounder as under :
East : House of Raghbir Singh West : House of Baldev Raj North : House of Baldev Singh South ; Lane
Mutated in favour of petitioner No. 2 vide mutation No. 1625 dated 09.07.1994 of village Jammu falling under Khasra No. 288 min, Khewat No. 118 min and Khata No. 215
2 OWP No. 205/2012
min being forcibly occupied by respondents No. 6 to 9 with the active but illegal assistance of official respondents No. 3, 4, 5 and 10 without any legal authority with them to do so.
(ii). Issue an appropriate writ against the respondents No. 4, 5 and 10 directing the respondent No. 2 to proceed against the respondents No. 4, 5 and 10 under law for their involvement in the forcible grabbing of the immoveable property above referred in a well planned manner, thereby infringing legal and fundamental rights of the petitioners as well extending threat to the lives of petitioners in order to commit extortion.
(iii). Pass direction to the respondents No. 2 and 3 to act upon the representations filed by petitioner No. 2 addressed to respondent No. 2 and 3 i.e. Deputy Inspector General of Police and Senior Superintendent of Police Jammu.
(iv). Direct the respondent No. 3 to investigate the criminal assault made on petitioner No. 1 by respondents No. 6, 7, 8 and 9 on 01.02.2012 and thereafter joining in the same of respondent No. 10.”
3 OWP No. 205/2012
(RAJESH BINDAL) JUDGE
Jammu 10.06.2020 SUNIL-I
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No
SUNIL KUMAR 2020.06.29 13:14 I attest to the accuracy and integrity of this document
Sushma Devi and others
State of J&K and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
