Jammu & Kashmir High Court – Srinagar Bench
Sameer Ahmad Bhat & Ors vs Union Territory Of J&K And Anr on 24 June, 2025
Serial No. 51
Supplementary-1 Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 1425/2025
CM No. 3705/2025
Sameer Ahmad Bhat & Ors.
... Petitioner(s)
Through: -
Mr Hilal Ahmad Wani, Advocate.
V/s
Union Territory of J&K and Anr.
... Respondent(s)
CORAM:
HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE.
(ORDER)
24.06.2025
Resorting to extraordinary jurisdiction of this Court under
Article 226 of the Constitution, the Petitioners have impugned the
communication dated 23rd of May, 2025 issued by Tehsildar, Budgam to
Senior Superintendent of Police (SSP), Budgam seeking assistance for
removal of encroachment.
It appears that the facts germane to the grievance of the
Petitioners are rooted in notice dated 28th of April, 2025, whereby the
Assistant Executive Engineer, Irrigation, Sub-Division Budgam issued
notice to the Petitioner No.2 to restore the irrigation canal to its original
route within a period of 10 (ten) days failing which appropriate action shall
be resorted.
Admittedly, as per the pleadings available on record, the action
under challenge has been taken by the respondents/ authorities under the
provisions of the Jammu & Kashmir Irrigation Act, 1978. However, Section
19 of the Act of 1978 deals with protection of water courses against
demolition etc. Section 19 (4) of the Act of 1978 provides a remedy to the
aggrieved person against an order of the Canal Officer by preferring an
appeal within a period of thirty (30) days before the Divisional Canal
Officer. However, despite the availability of an efficacious and statutory
remedy, the Petitioners have approached this Court without justifying the
non-availing of equal and efficacious remedy before the statutory authority.
In view of above and having regard to the fact that no case for
exercise of extraordinary jurisdiction has been made out, this Writ Petition
is held to be not maintainable. Accordingly, the same is dismissed, along
with the connected CM. The Petitioners, however, shall be at liberty to
approach the statutory authority, if so advised, for seeking the redressal of
their grievance, as projected in this Writ Petition.
(SHAHZAD AZEEM)
JUDGE
SRINAGAR
24th June, 2025
“TAHIR”