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2025 DAILYLAW 11092 (JK)

INHABITANTS OF PANCHAYAT HALQA RAKHHAMBTALI TH BACHAN LAL v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVT REVENUE DEPTT AND OTHERS

WP(C)/3115/2025 · 2025-11-24

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3115/2025 CM No. 7127/2025 CM No. 7128/2025 Inhabitants of Panchayat Halqa Rakhambtali Through Bachan Lal …..Petitioner Through: Mr. Faheem Shokat Butt, Advocate. Vs 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 ORDER (24.11.2025) 01. Without impleadment of the recorded owners, namely, Mohan Singh and Sardari Lal, as the position is borne out from khasra-girdhwari 2025 relatable to khasra No. 102 min comprising 2 kanal 10 marlas, the very institution of this writ petition, that too in a representative capacity whereby the very said piece of land is meant to be protected from encroachment on the pretext that there was a Panchayat Ghar existing at the site, cannot be entertained. 02. As such, the writ petition is allowed to be withdrawn with liberty to file fresh one provided the recorded owners if they are alive Serial No. 167 Supplementary List-I 2 WP(C) No. 3115/2025 and if not then their legal representatives are named as party- respondents in the writ petition. 03. The present writ petition is, accordingly, dismissed as withdrawn with liberty granted to file a fresh one within a period of 15 days from the date of passing of this order, failing which the dismissal of the writ petition would be without the liberty reserved in favour of the petitioner. 04. In the event of filing of a fresh writ petition, a certified copy of this order along with a certified copy of this writ petition shall accompany the fresh writ petition. 05. Dismissed as withdrawn. (RAHUL BHARTI) JUDGE JAMMU 24.11.2025 Bunty Bunty Kumar 2025.11.28 11:32 I attest to the accuracy and integrity of this document Jammu