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2025 DAILYLAW 13130 (JK)

GHULAM MOHAMMAD DAR v. UNION TERRITORY OF J AND K AND ORS. (REVENUE)

LPA/34/2025 · 2025-10-15

Shahzad Azeem, Sindhu Sharma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 25 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 34/2025 Ghulam Mohammad Dar …Appellant/Petitioner(s) Through: Mr. S.S. Rizvi, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy. AG CORAM: HON’BLE MS JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE O R D E R 15.10.2025 01. This Letters Patent Appeal is directed against the Judgement dated 31.08.2024 passed by the learned Writ Court in WP(C) No. 1942/2024. 02. The appellant preferred a writ petition seeking a direction to the respondents not to dispossess the petitioner from land measuring 15 marlas falling under Khasra No. 954/114 Min in Estate Kalantra Bala. Further prayer was sought not to demolish the fish pond developed by the appellant in the land. 03. The learned Single Judge after considering the submissions, disposed of the petition vide Order dated 31.08.2024 by observing as under:- Given the nature of controversy involved in this case, this writ petition is disposed of with a direction to the respondent No.2-Deputy Commissioner, Baramulla to afford two months’ time to the petitioner for enabling him to remove the fish stock from the fish pond which the petitioner has created at the site of Khasra No. 954/114 Min in estate Kalantra Bala and, therefore, remove the encroachment of the petitioner from the said land. 04. The aforesaid order came to be challenged in an appeal which was dismissed as withdrawn with liberty to appellant to file a review petition. The Review petition filed by petitioner/appellant herein was also dismissed on the ground that the petitioner had encroached the State land over which he came up with construction of a fish pond and that too without seeking any permission from any public authority. 05. Learned counsel for the appellants after arguing for a while prays for withdrawal of this appeal with liberty to approach the concerned authority for redressal of his grievance. His statement is taken on record. 06. In view of statement made by learned counsel for the appellant, this appeal is accordingly dismissed as withdrawn with aforesaid liberty. (SHAHZAD AZEEM) (SINDHU SHARMA) JUDGE JUDGE SRINAGAR 15.10.2025 Shabroz