TAZEEM AKHTER AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS
WP(C)/2952/2025 · 2025-10-18
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
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Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case: WP(C) No. 2952/2025
Tazeem Akhter & Ors.
..... Petitioner(s)
Through :- Mr. M K Sharma, Advocate
Vs
U. T. of J&K & Ors.
.....Respondent(s)
Through :- Ms. Chetna Manhas, Advocate vice Ms. Monika Kohli, Sr.AAG
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 18.10.2025
Heard learned counsel for the petitioners and perused the record. Issue notice. Notice is waived by Ms. Chetna Manhas, Advocate appearing vice Ms. Monika Kohli, Sr.AAG on behalf of the respondents. After hearing the matter at length, the only grievance which has been projected and argued by the learned counsel for the petitioner in the instant petition is that the order passed by the concerned Deputy Commissioner, Poonch dated 27.04.2023 be implemented by the concerned Revenue Agency, which order was also subject matter before the learned writ Court in the writ petition preferred by the respondents, which was registered as WP(C) No. 840/2024 titled as Mohamad Magrey & Anr. Vs. Union Territory of J&K & Ors. The said writ petition was dismissed vide order dated 06.08.2025. Even after, feeling aggrieved with the dismissal of the writ petition, it has been specifically pleaded that respondent No. 3 & 4 had filed Letters Patent Appeal bearing LPA No. 209 of 2025, which was also withdrawn by the said respondents on 14.10.2025 and with the withdrawal of the LPA before the Division Bench, the Sr. No. 70
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order passed by the Deputy Commissioner, Poonch has become final, however, the said order till date has not been complied with by the revenue authorities. Mr. Sharma, learned counsel for the petitioner submits that he would feel satisfied in case, if a direction is issued to the concerned Tehsildar to whom the said order has been addressed i.e. Tehsildar Haveli, Poonch to implement the said order which has been upheld by the Division Bench of this Court and take appropriate action in conformity with the rules and the law in vogue. Heard the learned counsel for the petitioners and perused the record. On asking of the Court, Ms. Chetna Manhas, Advocate appearing for the respondents is not averse to the disposal of the instant petition on the very threshold stage. Since an innocuous prayer has been made by learned counsel for the petitioners and after perusing the record, I am in agreement with the argument raised by learned counsel for the petitioners that the order passed by the Deputy Commissioner, Poonch has already been upheld by the Division Bench of this Court and thus, there is no legal impediment coming in the way of respondent No. 3 to act in furtherance of the said order with a view to restore the pathway of the petitioners reportedly located in Khasra No. 2099 and 2101, by removing all obstacles as per the procedures under revenue rules. Thus, in the aforesaid backdrop and with the consent of the learned counsel for the parties, no fruitful purpose would be served to keep this petition pending, the same is disposed of, by directing the respondent No. 3 to comply the order dated 27.04.2023 within a period of four weeks and submit a compliance report within two weeks thereafter before concerned Deputy
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Commissioner, Poonch, strictly in tune with what has been ordered in the aforesaid order, the details of which have been mentioned (supra). Accordingly, the writ petition is disposed of in the manner indicated above.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU 18.10.2025 Suraj K. Singh