MANZOOR HUSSAIN v. DEPUTY COMMISSIONER POONCH AND OTHERS
WP(C)/1800/2023 · 2026-08-29
Sanjay Parihar
Writ Petition (Civil)body2023
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[ 2023 DAILYLAW 1209 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 1209 (JK) · dailylaw.ai ]
Judgment text
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Sr. No. 229
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 1800/2023
Manzoor Hussain
…. Petitioner/Appellant(s)
Through:- Mr. Mohd. Arif, Advocate with Mr. Mehmood Rizvi, Advocate
V/s
Deputy Commissioner Poonch and others
…..Respondent(s)
Through:- Ms. Monika Kohli, Sr. AAG
CORAM: HON’BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
01. In the instant petition, the petitioner herein is the owner in possession of land falling under Khasra No. 223/2 measuring 6 kanal 7 marlas, Khasra No. 307/1 measuring 7 kanal 3 marlas, Khasra No. 598/156 measuring 9 kanal 1 marlas, Khasra No. 223/4 measuring 3 kanal 10 marlas, Khasra No. 223/5 measuring 2 kanal 19 marlas, Khasra No. 224/5 measuring 11 marlas, Khasra No. 601/224/6 measuring 3 kanal 4 marlas, Khasra No. 605/224/6 measuring 3 kanal 2 marlas situated at Village Maidan, Tehsil Mendhar, District Poonch.
02. The contention of the petitioner is that the private respondents have been trying to get possession of a separate piece of land falling under Khasra No. 203/3 measuring 4 kanal 2 marlas from him. It is submitted by the petitioner that this piece of land is an evacuee land and the same has been in possession of the petitioner since long on which the petitioner has already raised cattle shed. It is submitted that the private respondents with the help of revenue field staff have prevented the petitioner from cultivating his ownership land.
WP(C) No. 1800/2023
03. It is stated that the petitioner has requested the concerned Tehsildar and SDM to prevent the private respondents from forcibly restraining the petitioner from cultivating his land but no action in this regard has been taken by the respondents.
04.
Learned counsel for the petitioner has stated that he would feel satisfied if this petition is disposed of with a direction to the respondents to restrain the private respondents from interfering in the land of the petitioner.
05. In view of the aforesaid, this petition is disposed of at this stage itself with a direction to the respondents not to allow the private respondents to interfere or to raise any hindrance in cultivation process of the petitioner, provided there is no legal impediment with respect to the proprietary land of the petitioner.
06.
Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
Jammu:
17.07.2023 Vishal