Serial No. 01 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 432/2022 CM No. 1066/2022 Bashir Ahmed Ganai and Others …Petitioner(s) Through: Mr. Z. A. Qureshi, Sr. Advocate with Mr. Anuraag Sharma, Advocate Vs. Union Territory of J&K through Commissioner/Secretary to Govt. Revenue Deptt. and Others ...Respondent(s) Through: Mr. Alla ud Din Ganai, AAG Mr. Waseem Gul, GA CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 09.07.2026 1. The seven petitioners are drawing their lineage from a common ancestor and also their habitation to village Drayzpora, Turkawangan, Shopian. 2. The petitioners are original inhabitants of aforesaid village as is born out from Misal Haqiyat of 1965-66 read with Shajra Nasab Malkaan accompanying the writ petition. 3. On the basis of proprietorship holding in the village Drayzpora, Turkawangan, Shopian, the petitioners and before them their predecessors- in-interest, are said to be holding their corresponding share of Shamlat-deh land comprising khasra Nos. 998/716/3 and 999/176/3. 4. Reckoning themselves to be possessing and positioned on their own proprietary shamilat share of land in said khasra numbers of the village, the petitioners came to be confronted with visit of Notice-cum-Order dated 06.10.2021 issued by the Tehsildar Chitragam addressing to petitioner No.7-Ghulam Nabi, the petitioner No. 6-Abdul Gani Ganai, the petitioner No. 3-Mohammad Maqbool Ganai, the petitioner No. 5-Javaid Ahmed Ganai, the petitioner No.2- Abdul Rashid Ganai and the petitioner No.1- Bashir Ahmad Ganai, in terms whereof the petitioners came to be addressed as if the encroachers of land being the State land comprising khasra No. 3 min of village Turkawangan without identifying the extent of the land alleged to be in possession of the petitioners and also without any recital in the notice-cum-order as to what basis the petitioners were reckoned to be in occupation of the State land so as to be addressed the Notice- cum-Order seeking their vacation from the land in reference. 5. Although the petitioners could have resorted to appellate remedy against the aforesaid Notice- cum-Order of Tehsildar, Chitragam by preferring a revenue appeal before the Deputy Commissioner (Collector), Shopian, but nevertheless, are assailing the course of action on the part of the Tehsildar Chitragam being violative of rules of natural justice and also procedural omission, the petitioners came forward with the present writ petition instituted on 08.03.2022, wherein this Court in terms of order dated 11.03.2022, directed status quo to be maintained and also any action to be taken against the petitioners then to be taken in accordance with law. 6. The Assistant Commissioner, Revenue, Shopian, as a respondent No. 2, has come forward with reply/objections in which it has come to be stated that the intended eviction exercise was only by reference to the State land falling under survey Nos. 998/176/3 and 999/176/3 recorded as Shamilat Hasb-e-Rasab in revenue records, whereas, the land which is identified as a State land is located in khasra Nos. 865/3, 871/3,929/3 and 930/3 out of which some 34.02 kanals have been transferred in favour of SIDCO, the respondent No. 5 which came to be impleaded later on. 7. With the attestation of mutation No. 894, the Assistant Commissioner, Revenue, Shopian is meaning to say that the State land comprising khasra No. 865/3 and 871/3 is in illegal possession of Subhan, Ahad and Amma sons of Shaban Ganai and, thus, it warranted an exercise for seeking eviction. 8. What Assistant Commissioner, Revenue in his reply is stating is not bearing a remote reference directly or indirectly and/or expressly or impliedly, in the impugned Notice-cum-Order dated 06.10.2021 issued by the Tehsildar, Chitragam and this where the petitioners can be heard to have their grievance that without affording an opportunity of hearing which is the name of procedure of law, the petitioners have been tagged as an encroacher of the State land and exposed to suffer eviction notwithstanding the fact that they reckon themselves to be in possession of their own share of Shamilat-deh land in the village. 9. This Court is left wondering that once this Court, in terms of order dated 11.03.2022, had left the respondents free to take action in accordance with law, then why from order dated 11.03.2022 till date the respondents have least bothered to act by resorting to an action in accordance with law and that of course means under Jammu and Kashmir Land Revenue act, Samvat-1996 and /or other enabling law/s, whereas the status quo has continued in the matter meaning thereby that petitioners are protected in terms of their respective positions and possession qua the land they claim to be their land as against the Tehsildar’s claim that State land is in possession of the petitioners. 10. 10. Be that as it may, this Court is not venturing into this controversy as same is disputed question of fact and instead disposing this writ petition by quashing the Notice-cum-Order dated 06.10.2021 issued by the Tehsildar, Chitragam holding it as an outcome of irregular and arbitrary exercise of authority in the matter seeking eviction of a person from a land without due verification and an exercise relatable therewith by first affording of an opportunity of hearing to the petitioners to explain their position viz-a-viz the land in their use and occupation be it as an owner or non-owner. 11. The writ petition is accordingly, allowed, leaving the respondents in particular the respondents 1 to 4 at their own discretion to proceed in accordance with law by reference to the subject matter of the notice-cum-order hereby quashed. 12. Disposed of along with connected CM/s. 13. Mr. Z. A. Qureshi, learned Senior Advocate submits that the contempt No. 251/2022 originated on account of violation of status quo order issued in this petition needs to be adjudicated upon and, thus, same shall be retained but same is not listed today. 14. Disposal of this writ petition shall not be prejudicing the said contempt petition. (RAHUL BHARTI) JUDGE SRINAGAR: 09.07.2026 Imtiyaz Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 15.07.2026 10:06