Serial No. 15 Reg Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1425/2021 CM(4860/2021). WALI MOHAMMAD DAR AND ORS.(SENIOR CITIZEN). …PETITIONER (s) Through: Mr. Aftab Ahmad, Advocate. VERSUS UNION TERRITORY OF J AND K AND ORS. Through: Mr. Jahangir Ah. Dar, Government Advocate. …RESPONDENT(s) CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE. ORDER 22-04-2025 01. In the instant petition filed under Article 226 of the Constitution of India, the petitioners herein have contended that they being the residents of village Gundibagh Tehsil Kakpora, District Pulwama as also farmers by profession irrigate their agricultural land through irrigation canal known as “Qazigund Khul” passing through their village/s which Khul also serves as a flood channel during floods and that in the vicinity of the said canals/Khul, some residential houses have been constructed and construction of an approach road by various vested interested person is being contemplated in connivance with the Naib Tehsildar Kakpora which in the process would affect the irrigation rights of the petitioners and villagers of other adjoining villages would also expose their land to the threat of floods and that though the petitioners brought the said fact into the notice of the official respondents, the said official respondents did not take any action in the matter which compelled the petitioners to submit a representation as well in this regard before the official respondents which too did not yield any result necessitating the filing of the instant petition. 02. Objection to the petition have been filed by the respondents wherein it is admitted that the petitioners being the residents of village GundibaghKakpora, District Pulwama irrigating their agricultural land through Qazigund Khul along with villagers of other adjacent villages and that Khul in question passes through the Government land measuring (10 kanals and 6 marlas) and (20 kanals and 07 marlas) falling under Survey Nos. 147 and 246 respectively and that maintenance of the said canal/Khul inasmuch as to prevent the encroachment thereof is being looked after by the Irrigation and Flood Control Department and in terms of Order dated 29.03.2021 issued by the Chief Engineer I & FC Department, Kashmir, it came to be directed that the embankment of the water bodies should not be used as access road for residential/commercial buildings and that a complete ban has been imposed upon the issuance of any NOCs in this regard and that as per the report of Zialadar Canals, PadgamporaAwantipora, no NOC has been issued for construction of the alleged road. 03. In the separate set of objections filed by the respondents Nos. 1, 3 and 6, it is stated that the petition is grossly misconceived as there is no encroachment found on spot as has been alleged in the petition. Heard learned counsel for the parties and perused the record. 04. In view of the aforesaid specific stand taken by the respondents qua the grievance projected in the instant petition by the petitioners, it is manifest that the said grievance stands taken cognizance of and addressed by the respondents, thus, leaving nothing to be adjudicated upon in the instant petition. 05. Accordingly, the instant petition shall stand disposed of. (Javed Iqbal Wani) Judge SRINAGAR 22-04-2025 Showkat Khan Ram Krishan 2025.05.05 12:40 I attest to the accuracy and integrity of this document