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2025 DAILYLAW 13287 (JK)

DACHNIPORA WELFARE COMMITTEE AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE)

WP(C)/3117/2024 · 2025-03-03

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 8479/2024 In WP(C) No. 3117/2024 Dachnipora Welfare Committee and anr. ….. Petitioner (s) Through: Mr. Mubashir Rabbani, Adv. V/s Union Territory of J&K & Ors ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Rahul Bharti, Judge. ORDER 03.03.2025 1. In the writ petition which came to be entertained in a representative capacity at the instance of Mohammad Ashraf Bhat and Ghulam Nabi Bhat proclaiming themselves to be acting under Dachnipora Welfare Committee, one of the prayers in the writ petition is a writ of mandamus commanding upon the respondents No. 1 and 2 i.e, the Commissioner cum Secretary to the Government Revenue Department and the Commissioner cum Secretary to the Government Agriculture Department for removing illegal encroachments on the kacharai land under survey No’s. 380 and 414 in Nowpora Beewora, Tehsil Bijbehara and restore the encroached land to its original state for grazing purposes. However for the reasons best known to the two P a g e | 2 CM No. 8479/2024 In WP(C) No. 3117/2024 petitioners purportedly acting as representatives of the petitioner Committee, they have chosen to keep the names of the alleged encroachers guarded and undisclosed still expecting the High Court to intervene and call upon the writ respondents to remove the encroachment without the encroachers being exposed and made known to the High Court itself. 2. This writ petition, in its present format, is itself misconceived which is allowed to be withdrawn with liberty to file fresh one bearing the names of the encroachers if any and also the facts and circumstances in the context of which the allegations of encroachment of kacharai land by to be named encroachers has taken place. 3. The petitioners shall annex a certified copy of this writ petition along with the fresh writ petition in case they want to file it on the basis of liberty hereby being granted to them. (Rahul Bharti) Judge SRINAGAR 03.03.2025 Aasif