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| Petition seeking quashment of Brick-Kiln license dismissed | | | early times report
Jammu, Dec (JNF): Just-ice JP Singh of J&K High Court in a petition filed by one Darshan Singh seeking quashment of Brick-Kiln License issued by Deputy Commissioner, Rajouri, has dismissed the petition with costs Rs 20,000 to the petitioner.
The petitioner in his petition submitted that he had leased out land measuring 20 kanals and 9 marlas comprised in Khasra No.1547 situated at village Nonial of Tehsil Nowshera-Rajouri to respondent No.5 for a period of 20 years, by a duly executed and registered Lease Deed, which had to expire on January 20, 2007 and having not consented to the setting up of Brick Kiln therein, no License for its operation could, in law, be issued in favour of respondent No.5 without his consent. Copies of Deputy Commissioner, Rajouri's Communication dated 29.1.2009 besides Naib Tehsildar's order dated 11.4.2009 passed on remand, have been placed on records to support his Claim. Contesting the maintainability of petitioner's Writ Petition, respondent No.5 says that the petitioner has approached this Court concealing true and material facts in his Writ Petition that the Brick Kiln was established in they ear 1995 over land measuring 15 kanals and 11 marlas falling under Khasra No.1547 min of Village Nonial Tehsil Nowshera, which belonged to the respondent's father and his Writ Petition was, therefore, not maintainable, because he had no right, title or interest in the land where Brick Kiln had been operating. The total area of Khasra No.1547 is stated as 36 kanals. Out of this, 15 kanals and 11 marlas is owned by the respondent's father whereas rest of 20 kanals and 9 marlas was initially allotted to the petitioner. Mutation attested in his favour regarding above land was, however, set aside and with that the petitioner forfeited his rights therein because he had even surrendered his possession thereon. Copy of the License issued for operating Brick Kiln, which stands renewed from 1995 onwards, too has been placed on records.
The statement made by the petitioner that land measuring 20 kanals and 9 marlas was leased out by him to respondent No.5 for a period of twenty years is stated to be factually incorrect because the Lease Deed specially indicates the lease to be for 99 years.
The Court observed that that the petitioner had not approached the Court with clean hands making true and full disclosure of facts, as he was required so to do while invoking Equitable Writ Jurisdiction of the Court. He has resorted to frivolous and vexatious litigation thereby abusing the process of Court and had obtained exparte Restraint order against operation of respondent No.5's license without any justifiable cause therefor. His Petition, therefore, needs to be dismissed with exemplary costs.
This Writ Petition is, accordingly, dismissed with costs quantified at Rs.20,000/- (Rupees Twenty Thousand only), which the petitioner is directed to deposit with Registrar Judicial within four weeks for its payment to licensee holder, who has suffered because of the interim order issued on the petitioner's Writ Petition staying the operation of his license and also vacated the interim order.
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