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2021 DAILYLAW 857 (JK)

MOHAMMAD YOUSUF RATHER AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT)

WP(C)/1340/2021 · 2026-08-03

Moksha Khajuria Kazmi

Writ Petition (Civil)body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 32 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1340/2021 CM(1245/2024) MOHAMMAD YOUSUF RATHER AND ORS. …Appellant(s)/Petitioner(s) Through: Mr. Rizwan ul Zaman, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT) ...Respondent(s) Through: Mr. Faheem Nisar Shah, GA Mr. Waseem Gul, GA CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 03.08.2026 1. By this petition, petitioners herein have challenged complaints\acknowledgment of online grievances dated 24.05.2021, 01.06.2021 & 07.06.2024 filed by the private respondent against the petitioner No. 1 before the grievance cell of the UT of J&K. The petitioners have also sought a direction restraining respondent No. 6 from acting upon the allegedly false and baseless complaints lodged by the private respondent against them. 2. Learned counsel for the petitioners submits that, pursuant to the complaints filed before the Grievance Cell of the Union Territory of Jammu and Kashmir, respondent Nos. 6 to 8 are forcibly trying to merge the pathway/road with the land of the private respondent, which is actually passing through the proprietary land of the petitioners situated at Mahmoodabad, Dooru, Anantnag. 3. Mr. Faheem Nisar Shah, learned Government Advocate, submits that the instant petition is not maintainable and that the respondents are under an obligation to act strictly in accordance with the provisions of law. 4. Learned counsel for the petitioners submits that the instant petition may be disposed of at this stage with a direction to the respondents to act strictly in accordance with law and not to interfere with the peaceful possession of the petitioners over their proprietary land falling under Survey Nos. 717/3601 (01 Kanal and 10 Marlas), 559/374 (03 Kanals and 01 Marla), 589/374 (06 Marlas), 505/31 (32 Kanals) and 32 (19 Kanals and 14 Marlas), situated at Mahmoodabad, Anantnag. 5. Be that as it may, the instant petition is disposed of with a direction to respondent Nos. 4 to 8 not to interfere with the peaceful possession of the petitioners over their proprietary land falling under Survey Nos. 717/3601 (01 Kanal and 10 Marlas), 559/374 (03 Kanals and 01 Marla), 589/374 (06 Marlas), 505/31 (32 Kanals) and 32 (19 Kanals and 14 Marlas), situated at Mahmoodabad, Anantnag, except in accordance with law. The respondents shall strictly adhere to the statutory provisions and the rules governing the field while taking any action in the matter. 6. Disposed of in the manner indicated above. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 03.08.2026 “Adil Ismail”