AZIZ UR REHMAN v. UNION TERRITORY OF J AND K AND ORS (JAL SHAKTI (PHE) DEPARTMENT)
WP(C)/1786/2025 · 2026-08-17
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 1396 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1396 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 27 Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 1786/2025
AZIZ UR REHMAN(SENIOR CITIZEN) ….. Appellant/petitioner(s) Through: - Mr. Shabir Ahmad, Advocate vice Mr. Sheikh Manzoor, Advocate
V/S UNION TERRITORY OF J AND K AND ORS (JAL SHAKTI (PHE) DEPARTMENT
….. Respondent(s) Through: - Mr. Jahangir Ahmad Dar, GA
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER) 17.08.2026
01. By way of the instant petition, the petitioner herein is seeking a direction upon respondents to forthwith stop all construction activities being carried out on the petitioner’s proprietary land bearing Survey No. 1176, situated at Dildar Batpora, Tehsil Karnah, District Kupwara.
02.
Learned counsel appearing for the respondents has stated in reply filed by respondent No. 4 that the reservoir is being constructed on land bearing Survey No. 1230, recorded as Kahcharai land, belonging to the Union Territory of Jammu and Kashmir. It is further submitted that, in order to ascertain the factual position on the ground, a joint demarcation was duly conducted by the concerned Revenue Field Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document
Staff along with the officials of the Jal Shakti Department, under the supervision of the concerned Naib Tehsildar. The said demarcation conclusively established that the site of construction falls entirely within Survey No. 1230, recorded as Kahcharai land, and that no portion of the petitioner’s proprietary land bearing Survey No. 1176 forms part of the construction site. The respondents have annexed the demarcation report furnished by the concerned Tehsildar.
03. In view of the stand taken by the respondents in their reply, wherein it has been categorically stated that no water reservoir is being constructed on the petitioner’s proprietary land bearing Survey No. 1176, no cause survives for consideration in the instant petition.
04. In view of the foregoing, the instant petition, being devoid of merit, is hereby dismissed.
(MOKSHA KHAJURIA KAZMI)
JUDGE SRINAGAR 17.08.2026
“Mohammad Yasin Dar”
Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document