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2022 DAILYLAW 804 (JK)

ABDUL RASHID BHAT v. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT)

WP(C)/1038/2022 · 2026-03-05

Moksha Khajuria Kazmi

Writ Petition (Civil)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 8 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1038/2022 C/w CCP(S) No. 288/2022 Abdul Rashid Bhat ….. Appellant/petitioner(s) Through: - Ms. Saima Mehboob, Advocate V/S UT of J&K and Ors. ….. Respondent(s) Through: - Mr. A. R. Malik, Sr. AAG with Mr. Mohammad Younis, Advocate CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 05.03.2026 01. By this petition, petitioner is seeking direction upon respondents not to cause any kind of interference with regard to the proprietary land of the petitioner comprising of Survey No. 137, situated at Village Huranjuru (Tehsil Beerwah District Budgam) and also allow him to fence his recorded proprietary land. 02. Reply stands filed by respondents 1 to 4, it is stated that as per available record, there has been a dispute between the petitioner and his brother over land in question under Khasra No. 133 (Kahcharie land) for use as a pathway, which is adjacent to Khasra No. 137, i.e., proprietary land of the petitioner. The land in question has been demarcated multiple times by the teams constituted by the office of Tehsildar, Beerwah, however, the claim of the petitioner that he has not been allowed to raise fencing of his land, has not been accepted by the respondents. It is stated that respondents are not intending to interfere and have no objection, if petitioner would fence only his Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document proprietary land falling under Survey No. 137, and would not extend it in any way beyond the land owned and possessed by him. 03. Learned counsel for the petitioner submits that petitioner would feel satisfied if the writ petition is disposed of by taking into consideration the reply filed by the respondents, wherein they have assured that there would be no interference by the respondents in case petitioner would be allowed to fence his recorded proprietary land falling under Survey No. 137 only. 04. In view of above, the instant writ petition is disposed of with a direction to respondents not to interfere into the proprietary land of the petitioner and also allow him to fence his proprietary land covered under Survey No. 137, strictly as per record. Petitioner is also directed not to encroach upon the Kahcharia land covered under Survey No. 133, which is adjacent to his land. 05. Disposed of. CCP(S) No. 288/2022 In view of the disposal of the main writ petition, the instant contempt petition does not survive anymore, therefore, the contempt proceedings are closed. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 05.03.2026 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document