Serial No.70 SUPPL. CAUSE LIST-I IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2436/2025 CM(6480/2025) Zubair Yousuf Bhat & Ors. …Petitioner(s) Through: Mr. Aabid Hamid Pandit, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Bikramdeep Singh, Dy. AG CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 07.10.2025 1. This writ petition is disposed of at the very inception stage considering the text and context of impugned order No. DCB/ARA/CC/2024/1139-1140 dated 19.12.2024 in which the Deputy Commissioner, Budgam has not cited any legal provision or principle under which the land in reference which was and is not in ownership of the then State and now Union Territory of Jammu & Kashmir but admittedly of the private owners can be usurped or appropriated without any authority of law/accord from the proprietors/owners or their legal heirs/representatives. 2. Therefore, this Court directs the Deputy Commissioner, Budgam to pass a fresh order providing a legal basis for coming to the standpoint that the petitioners, being the successors-in-interest of the owners of the land in reference, are not entitled to reclaim their ancestral land from the use and appropriation of Horticulture Department, which is in sitting occupation of the land using it for the purpose of housing a nursery thereupon. 3. A fresh consideration order to be passed by the Deputy Commissioner, Budgam within a period of thirty days from the date a certified copy of this order is delivered by the petitioners. 4. The Deputy Commissioner, Budgam shall afford an opportunity of personal hearing in favour of the petitioners or their duly constituted representative/attorney. 5. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR: 07.10.2025 “Mir Arif”