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2025 DAILYLAW 10200 (JK)

VIJAY KUMAR AND OTHERS v. UT OF J AND K TH. COMMISSIONER SECRETARY REVENUE DEPTT. JAMMU AND OTHERS

WP(C)/1400/2024 · 2025-10-29

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) No. 1400/2024 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1400/2024 CM No. 3471/2024 Date of pronouncement : 29.10.2025 Uploaded on : 31.10.2025 Vijay Kumar & Ors. ….Petitioners Through:- None. V/s UT of J&K & Ors. …..Respondents Through:- Ms. Nazia Fazal, Assisting Counsel vice Mrs. Monika Kohli, Sr. AAG. \ CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT (ORAL) 01. Through the medium of this petition, the petitioners are seeking to check the Government from making use of its own property on the plea that their land measuring 5 kanals 11 marlas is comprised in adjacent khasra No. 46. 02. The petitioners have no locus to come forward seeking such a ‘writ of mandamus’/prohibition, whereby Government and its Departments are intended to be restrained from making use of the Government’s property, be it obtaining in the form of land or any building to be constructed thereupon. Hence, the writ petition deserves to be dismissed Serial No. 21 WP(C) No. 1400/2024 for lack of locus of the petitioners, but since the learned counsel for the petitioners is absent, as such, the writ petition is dismissed for non-prosecution alongwith connected application(s). 03. Interim direction, if any, shall stand vacated. 04. A copy of this order be forwarded to Commissioner/Secretary to Govt., Irrigation & Flood Control Department and the Chief Engineer, Irrigation & Flood Control Department, for being taken on record so as to ensure that if the petitioners come forward in a disguised manner with the institution of any other litigation, be it before this Court or any other forum, either in their own name or in a disguised name, then the copy of this order shall be referred to and brought to the notice of the court as the case may be. (RAHUL BHARTI) JUDGE JAMMU 28.10.2025 Bunty Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No Bunty Kumar 2025.10.31 13:27 I attest to the accuracy and integrity of this document Jammu