WP(C)/3007/2026 of KHUSHI RAM Vs UT OF J AND K TH. COMMISSIONER SECRETARY REVENUE DEPARTMENT, JAMMU AND OTHERS on 19 September 2026

ORDER

19.09.2026

1. A 76 years aged petitioner, by all definition a senior citizen, has been made to approach this Court being arrested and apprehended in serious concern that his residential house in village Sait, Forelane tehsil and district Kathua, which is comprised in khasra No. 437 in khewat No. 95, is being meant to be damaged without adopting due course of law from the end of the respondents in particular, the establishment of Pradhan Mantri Gram Sadak Yojna (PMGSY), Division Kathua.

2. In all his bona fide, the petitioner made a representation to the respondent No. 3- Tehsildar Kathua against the acts of omission and commission on the part of Patwari Halqa Sait complaining therein that the petitioner’s ancestral house at the site of khasra No. 437 in Supplementary List II Serial No. 63

village Sait, which is foreclosed within the boundary wall, is being referred to as liable to be demolished and for that purpose Patwari Halqa Sait- Neeraj Kumar is bothering the petitioner day in day out.

3. The petitioner is on an affidavit to say that he has submitted a representation to the Tehsildar concerned but which evoked no response whatsoever.

4. Public administration is meant for public service and that is the reason the reference is to public servants who are supposed to be the servants of the citizens of the country but it appears that the mindset acts contrary as if the public servants are the masters of the citizens of the country.

5. The petitioner should not have been led to come to this Court with the present writ petition if the Tehsildar would have attended to the representation of the petitioner and dispelled any concern or apprehension whatsoever being entertained at the end of the petitioner vis-à-vis his house property.

6. This writ petition is disposed of at its very inception stage by directing the Deputy Commissioner, Kathua to call for a report from the Tehsildar Kathua as to why he (Tehsildar) failed to deal with the representation of the petitioner, and further the Deputy Commissioner, Kathua shall himself deal with the representation of the petitioner, a copy whereof shall be provided by the petitioner to the Deputy Commissioner, Kathua. The Deputy Commissioner, Kathua shall pass an order on the totality of the facts and circumstances of the case upon an enquiry to be done.

7. Needful exercise to be done by the Deputy Commissioner, Kathua by or before 31.10.2026.

8. The petitioner and/or his representative, be it his family member or advocate, shall cause his appearance before the Deputy Commissioner, Kathua on 28.09.2026 at 10:30 am and the Deputy Commissioner, Kathua shall duly entertain the appearance of the petitioner and/or his representative on said date.

9. A certified copy of this order be submitted along with a copy of writ petition and the annexures therewith whereupon the Deputy Commissioner, Kathua shall do the needful as directed.

10. Till the final decision comes from the end of the Deputy Commissioner, Kathua, the petitioner’s house property shall not be subjected to any damage or sort of damage from the end of the sub- ordinate revenue officials or Pradhan Mantri Gram Sadak Yojana (PMGSY) establishment.

11. Disposed of.

(RAHUL BHARTI) JUDGE

JAMMU 19.09.2026 Sneha Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No