Serial no. 1 Suppl. Cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM 7724/2025 in LPA 91/2025 CM 2388/2025 Ishfaq Mir and Ors …Appellant/Petitioner(s) Through: Mr. Z.A. Qureshi, Sr. Advocate with Ms Rehana Fayaz, Advocate Vs. Union Territory of J and K and Ors. …Respondent (s) Through: CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE (Through V.C) ORDER 05.12.2025 CM 7724/2025 1. This is an application seeking clarification of judgment dated 25th April, 2025, passed by this Court in LPA No. 91/2025 whereby this Court has, while disposing of the Appeal, directed the Deputy Commissioner concerned to either himself or through some revenue officer not below the rank of Assistant Commissioner visit the spot and determine the encroachment, if any, made by any of the parties, of course, after affording an opportunity of being heard to both the parties. This Court also provided that in case any encroachment was found on spot, same would be removed and property restored to its original position. 2. The application for seeking clarification is premised on the ground that Deputy Commissioner has misconstrued the directions passed by this Court and is not following due process of law required for demarcation. It is, thus, submitted in the application that this Court must clarify the judgment and indicate as to what procedure the Deputy Commissioner or his nominee must follow in making the demarcation or this Court may itself lay down such procedure. 3. From reading of the entire judgment, we find that the judgment is clear and unequivocal and does not admit of any two interpretations. 4. We have directed the Deputy Commissioner to either himself or through an official not below the rank of Assistant Commissioner to visit the spot and make demarcation and identify the encroachment and that would necessarily mean both the demarcation as well as the removal of encroachment, if any has to be in accordance with law. We fail to understand as to how the petitioner has entertained such an apprehension. 5. Needless to say that the in case Deputy Commissioner or his nominee did anything which is contrary to the judgment passed by us or contrary to the law, the applicant herein shall have remedy available under law. 6. Disposed of. (MOHD YOUSUF WANI) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 05.12.2025 <Shahid Manzoor=