h475 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2466/2022 WP (C) No. 2467/2021 Pronounced on: 17.12.2025 Uploaded on: 19.12.2025 Surinder Prakash Kotwal ...Petitioner(s) Through:- Mr. Himanshu Beotra, Advocate v. Union Territory of J&K and others ...Respondent(s) Through:- Ms. Pallavi Sharma, Assisting counsel to Mr Ravinder Gupta, AAG Mr.L. K. Sharma, Sr. Advocate with Mr. Mohit Kumar, Advocate Mr. Sachin Dogra, Advocate Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (Oral) WP (C) No. 2467/2021 1. Learned counsel for the petitioner seeks withdrawal of the instant petition. His statement is taken on record. Accordingly, instant petition, along with all connected CM(s) is dismissed as withdrawn. Interim direction, dated 15.11.2021 shall stand vacated. WP (C) No. 2466/2022 2. Petitioner is stated to have been shortlisted for allotment of a plot of land by the Respondent-Jammu Development Authority, in Roop Nagar Colony, Jammu, somewhere in 1980’s, and ultimately a Plot bearing No. OS-59-H measuring 3280 Sft at Sector 3 was allotted to him in 2 terms of order No. JDA/Ror/258-63 dated 09.04.2009 and a lease deed in respect thereof was executed between petitioner and the respondent- JDA before the Sub Registrar on 03.12.2012. 3. The petitioner was made to visit the spot in presence of a Supervisor of the respondent department but found the plot lesser in area than the allotted one of 3280 Sft., besides being in hillock shape and a portion having been encroached upon by a resident residing on the back side of the said plot. 4. Faced with the said situation, the petitioner addressed a letter dated 05.02.2015 apprising the respondents about the existing position on spot, however, it did not yield any result. 5. Learned counsel for the petitioner submits that the efforts made by the petitioner did not bear any fruit, constraining him to approach this court with the petition in hand. 6. Another petition, bearing WP (C) No. 2467/2021, filed by Raj Kumar Khajuria, a resident of house No. 25-N, Sector 3, Upper Roop Nagar, Jammu, had been clubbed with the instant petition as the petitioner of the said writ petition had sought consideration for allotment of the same strip of land that is projected, in this petition, to be deficient in area of the allotted plot. The respondent-Jammu Development Authority in its reply filed in the said writ petition has categorically stated that the petitioner is in illegal occupation of 522 Sft of plot No. 59-H, Sector 3, Upper Roop Nagar and notices for eviction have been issued against him in this behalf. 3 7. The said writ petition has been dismissed as withdrawn, thereby, making available the space that was stated to be deficient in the plot allotted to the petitioner for its merger with the plot of the petitioner for making up the admitted deficiency. 8. In view of what has been said hereinbefore, the writ petition is disposed of with a direction to the respondents to make available the allotted plot No. OS-59-H, Sector 3, Upper Roop Nagar, Jammu, to the petitioner with the same dimensions as taken note of in the allotment order after retrieving the encroached strip of land from the possession of the petitioner of writ petition, WP (C) No. 2467/2021, who had encroached upon the same and has, as recorded in the preceding paragraphs, now forsaken the claim over the said strip of land. 9. The respondents are also directed to consider the prayer of the petitioner seeking filling of the ditch and removing the hillock from the plot in question and take a decision thereon as per the norms governing the field. 10. The writ petition along with all connected CMs is disposed of on the above lines. 11. Registry shall place a copy of this order on each file. (Moksha Khajuria Kazmi) Judge Jammu. 17.12.2025 Amjad lone, Joint Registrar/Secy. Whether the order is speaking : Yes Whether the order is reportable: Yes/No Vinod Kumar 2025.12.18 22:37 I attest to the accuracy and integrity of this document