Extracted from the PDF above. The PDF is authoritative.
Serial No.53 Regular cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … OWP 1121/2017 IA(1/2017)
ANKUSH RAINA
……...Petitioner(s) Through:
Mr. Bilal Ahmad Khan, Advocate.
Versus STATE OF JK AND ORS (REVENUE) ……Respondent(s) Through: Mr. H. Aman Ali, Dy.AG vice Mr. Mr. Mohsin Qadiri, Sr. AAG for R1 to R4.
Mr. Mohammad Ramzan, Advocate for R8 to R11
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 04.03.2026
1. By the present petition, the petitioner seeks a direction to the respondents to take necessary steps and measures in terms of the provisions of the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 for removal of all encroachments from the petitioner’s land measuring 02 Kanals and 03 Marlas falling under Survey No. 2227, 1587/630 min, situate at Estate Batamaloo, Srinagar, and for handing over possession of the said land to the petitioner.
2. Learned counsel Mr. H. Aman Ali, learned Dy. A.G., has produced before this Court a communication dated 22.08.2022 issued by the Tehsildar, Srinagar (Central), which reveals that the identification and demarcation of the land belonging to the petitioner measuring 02 Kanals and 03 Marlas under Khasra No. 2227, 1587/630 min, situated at Estate
Batamaloo, has been carried out. A copy of the said communication is taken on record.
3. Learned counsel for the petitioner submits that although the grievance of the petitioner stands substantially addressed in terms of the aforesaid communication dated 22.08.2022, the actual possession of the land has not yet been handed over to the petitioner.
4. Be that as it may, in view of the order passed by the District Magistrate, Srinagar, the instant petition has rendered infructuous.
5. Accordingly, the present petition is disposed of with liberty to the parties to approach the District Magistrate, Sriangar, in the event any cause of action survives or arises in future.
6. Disposed of as above.
(MOKSHA KHAJURIA KAZMI) JUDGE
Srinagar 04.03.2026
“Shaista”