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
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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