Serial No. 07 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 315/2025 In WP(C) 3098/2025 CM(8718/2025) Jawad Hussain Reshi & Ors. …Appellant/Petitioner(s) Through: Mr. J. H. Reshi, Advocate. Vs. Estates Officer District Forest Officer. ...Respondent(s) Through: CORAM: HON’BLE MS. JUSTICE SINDHU SHARMA, JUDGE. HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE. ORDER 17.02.2026 01. This Letters Patent Appeal (LPA) has been preferred against the judgment of the learned Single Judge dated 12th December, 2025, whereby the writ petition preferred by the petitioners/appellants herein against the order of the J&K Special Tribunal, Srinagar dated 1st December, 2025, has been dismissed. 02. The Divisional Forest Officer cum Estate Officer, Lidder Division Bijbehara passed an order of ejectment under Section 79- A of the Indian Forest Act, 1927 dated 18th November, 2025, thereby directing the unauthorized occupants to vacate the forest land at Athnardan, Pahalgam, within a period of ten days from the date of receipt of the order. 03. Aggrieved of the ejectment order dated 18th November, 2025, an appeal under Section 79-A (3) of the Indian Forest Act, 1927 was preferred by the appellants, before the Jammu & Kashmir Special Tribunal, Srinagar, however, the Tribunal dismissed the said appeal on the ground that Section 48-A of the J&K Forest Act is no longer in vogue and, therefore, the Tribunal lacks the jurisdiction to hear the appeal and the appeal under the Forest Act, against the ejectment order would lie to the Chief Conservator of Forest. 04. The writ petition filed against the order of the Tribunal dated 1st December, 2025 was also dismissed by the learned Single Judge by holding that the appeal would lie in terms of Section 79- A of the Central Forest Act, to the Chief Conservator of Forest and that there is no illegality or perversity with the order of the Tribunal. 05. Aggrieved by the order dated 12th December, 2025 passed by the learned Single Bench, the appellants have preferred this appeal, however, the learned counsel for the appellants submits that the order of ejectment has already been implemented and the appellants have been evicted from the land, pursuant to the order dated 18th November, 2025 and they have also approached the Civil Court for redressal of the same. 06. In view of the aforesaid position obtaining in the matter, this appeal has become infructuous and the same is accordingly disposed of along with connected CM(s). (SHAHZAD AZEEM) (SINDHU SHARMA) JUDGE JUDGE SRINAGAR: 17.02.2026 “HAMID” Abdul Hamid Bhat I attest to the accuracy and authenticity of this document 17.02.2026