HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.261/2025 Aftar Ahmed and others …..Petitioner(s) Through: Mr. Haroon Rashid Qureshi, Advocate Vs UT of Jammu & Kashmir and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 06.02.2025 1. The petitioners, in the instant petition are seeking a direction upon the respondents not to interfere with the possession and occupation of the petitioners over the land measuring 07 kanals 19 marlas falling under Khasra No.523 and 525 of revenue village Atti, Tehsil and District Rajouri without adopting due process of law, with a further direction to the respondents to pay adequate compensation on the prevalent market rates and to rehabilitate the petitioners by away of providing them with an alternative land in the event the respondents intend to acquire the subject land for construction of the road. 2. It is stated by the petitioners that they are the owners in physical possession and occupation of the subject land. The petitioner Nos.1 and 2 being aggrieved of the constant interference with the possession and occupation of the petitioners over the subject land by the political and influential persons approached civil Court seeking permanent prohibitory injunction, wherein the parties have been directed to maintain status quo on spot. 3. It is further stated that under the garb of communication No.DCR/2020-25/SQ/3118-19 dated 04.01.2025 issued by respondent No.2, whereby respondent No.4 has been directed to remove illegal encroachment from the custodial land falling under Khasra No.526 of village Atti, Tehsil Rajouri, the respondents are trying to dispossess Sr. No.83 2 the petitioners from their land falling under Khasra Nos. 523 and 525. It is stated that in the communication dated 04.01.2025, there is no mention for removal of encroachment at Khasra Nos.523 and 525. 4. Learned counsel for the petitioner states that the petitioners would feel satisfied, if the instant petition is disposed of thereby directing the respondents not to dispossess the petitioner from land falling under Khara Nos. 523 and 525 without adopting due process of law. He has further stated that the petitioners have not encroached upon any land in khasra No.526 by raising any wall on the pathway falling in khasra No.526. 5. On the other hand, Ms. Monika Kohli, learned Sr. AAG, has stated that as per the report of the patwari dated 06.02.2025, the respondents are not interfering into the possession of the petitioner and have also no intention to dispossess the petitioner from the subject land falling under Khasra No.523 and 525. Further Ms. Kohli states that she would not be averse to the proposition put forth by the learned counsel for the petitioners. 6. Be that as it may, instant petition is disposed of with a direction to the respondents not to dispossess the petitioners from land measuring 07 kanals 19 marlas, falling under Khasra No.523 and 525 situate at village Atti Tehsil and District Rajouri without adopting due procedure of law. (Moksha Khajuria Kazmi) Judge Jammu 06.02.2025 Vinod, PS Vinod Kumar I attest to the accuracy and authenticity of this document Jammu 07.02.2025 13:05