HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1503/2023 CM No. 3582/2023 1. Kartar Chand, Age-84 years, S/o Dhanna Ram. 2. Tarsem Lal, Age-54 years, S/o Lt. Des Raj. 3. Surinder Kumar, Age-50 years S/o Lt. Des Raj. 4. Mohinder Paul, Age-42 years S/o Lt. Des Raj. All residents of Village Dadoli, Tehsil Nagri, District Kathua. …..Petitioner(s) Through: Mr. Jagpaul Singh, Advocate. Vs 1. Union Territory of Jammu and Kashmir through Commissioner-cum-Secretary to the Government Revenue Department Civil Secretariat, Jammu. 2. Deputy Commissioner, Kathua. 3. Additional Deputy Commissioner, (Commissioner Agrarian Reforms), Kathua. 4. Tehsildar, (Assistant Collector 1st Class), Kathua. 5. Naib Tehsildar, Barnoti, District Kathua. 6. Romesh Kumar, S/o Sh. Bansi Lal. 7. Kewal Krishan, S/o Sh. Bansi Lal. 8. Parveen Shethy, D/o Sh. Bansi Lal. 9. Shashi Bala, D/o Sh. Bansi Lal. 10. Ritu Devi, D/o Sh. Bansi Lal. All residents of Village Amargarh, Tehsil & District Kathua. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG Mr. Ankur Sharma, Advocate Mr. Amit Khajuria, Advocate. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 05.08.2025 1. The petitioners, through the medium of the present writ petition, have challenged order dated 01.06.2023 passed by the Tehsildar (Assistant Collector 1st Class), Kathua whereby a direction has been issued by the said officer to Naib-Tehsildar, Barnoti, District Kathua to proceed on spot and implement order dated 28.03.2023 passed by this Court in the writ petition bearing WP(C) No. 1787/2021. Sr. No. 21 2 WP(C) No. 1503/2023 2. Heard and considered. 3. It appears that an order dated 13.05.2019 was passed by the Tehsildar (Assistant Collector 1st Class), Kathua whereby a direction was issued for dispossession of the petitioners from the land measuring 4 kanals comprising of khasra No. 155 min and land measuring 24 kanals 5 marlas comprising of khasra No. 156 min- totalling land measuring 28 kanals 5 marlas situated at village Amargarh, Tehsil & District Kathua and it was further directed that the said land be placed in the possession of the lawful owners i.e. private respondents herein. A copy of the said order was forwarded to the Naib Tehsildar Barnoti, District Kathua for its implementation on spot. 4. The petitioners claim that they have challenged aforesaid order dated 13.05.2019 before the appellate authority i.e. Additional Deputy Commissioner, Kathua by way of an appeal which is still pending. However, order dated 13.05.2019 passed by the Tehsildar (Assistant Collector 1st Class), Kathua has not been stayed as yet. 5. It seems that one of the private respondents filed a writ petition bearing WP(C) No. 1787/2021 before this Court seeking a direction upon the official respondents to implement order dated 13.05.2019 passed by the Tehsildar (Assistant Collector 1st Class), Kathua. The said writ petition was disposed of by this Court vide order dated 28.03.2023 whereby a direction was issued that in case representation is filed by the writ petitioners before the official respondents, the same shall be considered and appropriate action shall be taken in accordance with law within two months and while considering the representation, the concerned respondents i.e., the petitioners herein were required to be heard. 3 WP(C) No. 1503/2023 6. Pursuant to the aforesaid order, impugned order dated 01.08.2023 came to be passed by the Tehsildar (Assistant Collector 1st Class), Kathua in the presence of both the parties whereby Naib Tehsildar, Barnoti, District Kathua has been directed to proceed on the spot and implement the order of the High Court. 7. The only grievance of the petitioners is that the objections filed by them before the Tehsildar (Assistant Collector 1st Class), Kathua have not been considered. 8. Admittedly, no stay order has been passed by any forum in respect of the order dated 13.05.2019, passed by the Tehsildar (Assistant Collector 1st Class), Kathua therefore, the only option available with the Tehsildar (Assistant Collector 1st Class), Kathua was to implement the said order, because in terms of the directions passed by this Court, the said authority had to consider the representation of the private respondents and to take appropriate action thereon. This is exactly what has been done by the Tehsildar (Assistant Collector 1st Class), Kathua, while passing the impugned direction. 9. For the foregoing reasons, I do not find any ground to interfere in the impugned order passed by the Tehsildar (Assistant Collector 1st Class), Kathua while passing of the impugned order. 10. The instant writ petition lacks merit and is, accordingly, dismissed. (SANJAY DHAR) JUDGE JAMMU 05.08.2025 Shivalee Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Shivalee Khajuria 2025.08.05 18:46 I attest to the accuracy and integrity of this document Jammu