S. No. 104 Suppl. IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 891/2025 CM(2334/2025) KRISHEN KUMAR KAUL …Petitioner(s) Through: Mr. T. H. Khawaja, Advocate VS. UNION TERRITORY OF J AND K AND ORS ...RESPONDENT(S) Through: Ms. Nadiya Abdullah, Assisting Counsel vice Mr. Mohsin Qadri, Sr. AAG CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 25.04.2025 1. By this petition, petitioner is seeking a direction upon the respondent Nos. 3 & 4 to take all steps for the protection and preservation of land measuring 175 Kanals, falling under Survey Nos. 4735 min, 4735/1 min, and 4731, situated in Mouza Tulmulla, Tehsil Tulmulla, District Ganderbal, Kashmir. 2. It is stated that the grandfather of the petitioner namely Late Pandith Sham Sundar Lal Dhar was the recorded owner of land measuring 525 kanals and 05 Marlas falling under the aforementioned survey numbers in estate Tulmulla, District Ganderbal Kashmir. Upon his demise, the land was mutated in favour of the petitioner and other legal heirs of Late Sham Sundar Lal Dhar through inheritance mutation No. 7036 recorded in the revenue records. It is further stated that after the migration of Kashmiri Pandits, the land belonging to the petitioner remained unattended for a long period of time. Consequently, the petitioner authorized Mr. Mohammad Maqbool Ronu through a Special Power of Attorney dated 06.12.2024 to take all steps for the protection and preservation of the property. 3. It is stated that an application was filed before respondent No. 2 in September 2023 and after repeated requests and continuous persuasions made by the petitioner, it was only on 21.09.2023 that the Divisional Commissioner, Kashmir, referred the matter to Deputy Commissioner, Ganderbal, for conducting demarcation of the property of the petitioner and other legal heirs of Sham Sundar Lal Dhar. The property was accordingly demarcated on 18.09.2024. 4. It is further stated by learned counsel for the petitioner that although the demarcation of the property was conducted by the respondents in September, 2024, but till date no steps have been taken by the respondents for preservation and protection of the property as mandated under the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. 5. It is further stated that in November, 2024, the respondents undertook an exercise to handover possession of property to the petitioner. It is stated that in terms of the order dated 05.11.2024 passed by this Court in writ petition bearing WP(C) No. 2494/2024, the process was initiated by the respondents for protection and preservation of the migrant property and, accordingly, on 28.02.2025 that a notice was issued by Tehsildar Tulmulla upon petitioner whereby he was called upon to present himself either in person or through registered representative on 04.03.2025. Petitioner, accordingly, filed a detailed reply to the said notice and submitted the requisite documents before Tehsildar Tulmulla Ganderbal but till date the Tehsildar has failed to dispose of the matter despite the directions passed by this Court in terms of order dated 28.02.2025. 6. Learned counsel for the petitioner states that despite the order passed by this Court, respondent No. 04 has halted the proceedings and has not taken any steps to preserve and protect the property of the petitioner. 7. Learned counsel for the petitioner submits that the petitioner would feel satisfied if the instant petition is disposed of with a direction to the respondent Nos. 3 & 4 to expedite and conclude the proceedings being initiated by respondent No. 4 within a reasonable period of time. 8. Ms. Nadiya Abdullah, Assisting Counsel accepts notice on behalf of the respondents and submits that she is not averse to the proposition being made by the learned counsel for the petitioner. 9. Be that as it may, with the consent of learned counsel for the parties and in view of the innocuous prayer made, the instant writ petition, is disposed of with a direction to the respondent No. 4 to proceed and conclude the proceedings stated to have been conducted in terms of the order dated 05.11.2024 passed by this Court in writ petition bearing WP(C) No. 2494/2024 expeditiously preferably within a period of two months from the date of passing of this order and proceed thereafter in accordance with law and the rules applicable. 10. Disposed of alongwith connected CMs. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 25.04.2025 Aamir Amir Rashid Sofi I attest to the accuracy and authenticity of this document 16.05.2025 14:46