POONAM GUPTA v. UT OF J AND K TH COMMISSIONER SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, JAMMU AND OTHERS
WP(C)/3647/2025 · 2025-12-24
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 14271 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14271 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No.3647/2025
Poonam Gupta, Aged 62 years W/o Sh. Rajesh Gupta R/o H.No.405/3 Trikuta Nagar, Jammu. .....Applicant(s)/Petitioner(s)
Through :- Mr. Ankesh Chandel, Advocate.
v/s
01. Union Territory of Jammu and Kashmir Through Commissioner/Secretary, Housing and Urban Development Department, Civil Secretariat, Jammu/Srinagar
02. Divisional Commissioner, Jammu.
03. Deputy Commissioner, Jammu.
04. Jammu Development Authority, Vikas Bhawan, Rail Head Complex, Jammu
05. Vice Chairman, Jammu Development Authority, Vikas Bhawan, Rail Head Complex, Jammu.
06. Director, Land Management, Jammu Development Authority, Vikas Bhawan, Rail Head Complex, Jammu .
Through :- Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr.AAG.
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 24.12.2025
01. By this petition, petitioner herein is seeking direction upon the respondents, more particularly, respondent Nos.4 to 6 to remove their illegal encroachment from 16 marlas of land owned by the petitioner comprised in Khasra No.1784/579, Khewat No.3466 and Khata No.1208 situated at village Birpur, Tehsil Bari Brahmana, District Samba. Sr. No. 127
2
02. It is stated by learned counsel for the respondents that in terms of communication dated 08.10.2025, respondent No.5 Vice Chairman, Jammu Development Authority, Jammu has, already been requested upon the directions of Divisional Commissioner by the Assistant Commissioner (Central) with Divisional Commissioner, Jammu, for vacation of 16 marlas plot at Birpur encroached upon by JDA with a further direction to submit the action taken report on the land of the petitioner comprised in Khasra No.1784/579, Khewat No.3466 and Khata No.1208 situated at village Birpur, Tehsil Bari Brahmana, District Samba.
03.
Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the instant petition is disposed of with a direction to respondent No.5 to act upon the communication issued by Assistant Commissioner (Central) with Divisional Commissioner, Jammu, within certain time frame.
04.
Learned counsel for the respondents is not averse to the proposition made by learned counsel for the petitioner.
05. In view of the above, the present petition is disposed of, at its threshold, with a direction to respondent No.5 to act upon the communication issued by Assistant Commissioner, (Central), with Divisional Commissioner, Jammu, within a period of four weeks from the date of passing of this
order, provided, there is no legal impediment.
06.
Disposed of.
(Moksha Khajuria Kazmi) Judge
JAMMU 24.12.2025 Eva
Whether the order is speaking or not? Yes/No
Whether the order is reportable or not? Yes/No