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| DC Ordered Dismantling stone-crusher installed in State land | | Owner after the judgment of DB filed writ before DIV Com, Dismissed | |
Jammu, October, 11:- Believe it or not but it is fact that a person failed to project his case before the Division Bench of the High Court against the order of Deputy Commissioner in which the DC Doda ordered dismantling the stone-crusher had again filed an appeal before the Divisional Commissioner Jammu, the Divisional Commissioner Jammu dismissed the appeal with the observation that appellant concealing that he had earlier filed a writ petition thus he has committed a fraud when the High Court has refused to set-aside the order of Deputy Commissioner Doda than it would not be appropriate for this court interfere in the order impugned.
One Ghulam Rasool Mir installed stone-crusher in the state land, on the application filed by the inhabitants of Village Kurmail Tehsil Doda before Deputy Commissioner, the Deputy Commissioner Doda on May 13, 2003 directed Tehsildar Doda to dispossess the appellant from the state land and demolishing the stone crusher existing in the State land. Advocate YE Tak appearing for the inhabitants of the Village submitted that the appellant has not came to this court wit clean hands, the order of DC Doda May 13, 2003 was challenged by the appellant before the High Court on June 10, 2003 directed the appellant to wind-up stone crusher within a period of four months and the period was further extended of three months. The High Court refused to further exetend the period, this order was challenged through LPA before the Division Bench and the Diviison Bench dismissed LPA.
Divisional Commissioner Jammu Mr. Pramod Jain IAS after hearing Adv YE Tak appearing for the interveners inhabitants of the Village observed that the arguments of the counsels of both the sides and the documents filed by them and also perusal of the record reveals that the appellant got NOC for installation of stone-crusher in a private land but actually installed the stone crusher on the state land, the DC Doda before passing the impugned order has provided full opportunities to the applicants to produce evidence and even a sow cause notice was also issued by the DC Doda, the appellant also filed his objections, the order of the DC Doda dated May 13, 2003 was challenged before the High Court and even the DB of the High Court has not changed the order passed by the DC Doda, dispossessing the appellant and dismantling his stone-crusher installed in the State land in Village Kurmail Doda. Having failed before the High Court, the appellant preferred the present appeal by concealing that he had earlier filed a writ petition, thus he has committed a fraud when the High Court as refused to set-aside the order of DC Doda, than it would not be appropriate for this court to interfere in the order impugned. With these observations, the Div Com dismissed the appeal and ordered that a copy of this order along with the record file be sent back to DC Doda for information and necessary action.
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