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High Court of Jammu and Kashmir · body

2025 DAILYLAW 3036 (JK)

MOHAMMED ALYAS v. UNION OF INDIA TH DEFENCE SECRETARY MINISTRY OF DEFENCE NEW DELHI AND OTHERS

WP(C)/908/2025 · 2025-04-16

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 908/2025 Mohammed Alyas …. Petitioner(s) Through :- Mr. Rahoof Khan, Advocate. V/s Union of India and Ors. ….Respondent(s) Through :- Mr. Vishal Sharma, DSGI. Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 16.04.2025 1. The petitioners have challenged notice bearing No. 2001/ENCR/113/E2 dated 29.03.2025 issued by respondent No. 3 whereby the petitioner has been required to remove unauthorized occupation located near Km 150+385 in Village Galhuti Tehsil Manjakote, District Rajouri. 2. Issue notice to the respondents. Mr. Vishal Sharma, learned DSGI accepts notice on behalf of the respondents. 3. Learned counsel for the petitioner has submitted that the impugned notice does not give any particulars of the land, which the petitioner is stated to have unauthorizedly occupied. He has further submitted that the petitioner has already filed his reply to the said notice but the respondents have without taking any action on his reply and without considering the same, occupied the land of the petitioner comprised in Khasra No. 916 situated at Village Galhuti, Tehsil Manjakote, and Disrict Rajouri. 4. Having regard to the limited nature of controversy involved in the present case, the same can be disposed of by extending appropriate directions to Sr.No.121 2 the respondents so that the reply to the impugned notice filed by the petitioner is considered and an order is passed by the respondents in accordance with law. 5. Accordingly, the writ petition is disposed of with a direction to respondent No.3 to consider the reply to the impugned show- cause notice submitted by the petitioner in accordance with law and pass a speaking order thereon. Till such time, the order is passed by respondent No.3 on the reply to the impugned show-cause notice filed by the petitioner, no coercive action shall be taken against the petitioner and status quo shall be maintained by the parties. 6. It is further clarified that in case any adverse order is passed by respondent No.3 against the petitioner after considering his reply to the show-cause notice, it shall be open to him to approach this Court afresh. (Sanjay Dhar) Judge Jammu: 16.04.2025 Neha-1 Neha Kumari 2025.04.22 14:17 I attest to the accuracy and integrity of this document