Serial No. 57 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2981/2025 Mohammad Ibrahim Resha and ors. …Petitioner(s)/Appellant(s). Through: Mr. G.N.Sofi, Adv. Vs. UT of JK and Ors. ...Respondent(s). Through: Mr. Jajangir Ahmad Dar, GA, for official respondents Mr. Abdul Manan, Adv, for private respondents CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 16.02.2026 01. By the medium of instant petition, the petitioners are seeking a direction upon the respondents to remove the encroachment over the water channel (Gair Mumkin Kohl) Shamilat Section 4 falling under Survey No. 665 at Kanelwan, which, as per the petitioners, has been encroached upon by the private respondents with further direction to the respondents to restore the water channel including its banks for ingress and egress. 02. The short grievance projected by the petitioners in this petition is that they are residents of revenue village of Kanelwan Tehsil Bijbehara District Anantnag, Kashmir and are owners of different chunk of land measuring near about 100 Kanals. The private respondents, who are also owners in possession of land measuring 6 Kanals 10 Marlas falling under Survey No. 590 located at revenue village Kanelwan, as per the petitioners, have encroached upon the water channel mentioned supra. 03. It is stated that petitioners herein had approached the respondent no. 4 for removal of illegal encroachment over the banks of water Channel. The respondent no. 4 [Sub Divisional Magistrate, Bijbehara) had called for the report from the field agencies and also summoned the private respondents. 04. On 11th December, 2023, the field agencies were directed to remove the encroachment over the banks of water channel. The private respondents herein had approached the Deputy Commissioner, Bijbehara against the order passed by the respondent no. 4, who also reiterated the direction as was passed by the respondent no. 4. 05. Learned counsel for the petitioners states that the petitioners would feel satisfied if the instant petition is disposed by directing the responds 3 and 4 to remove the encroachment over the water channel (Gair Mumkin Kohl) Shamilat Section 4 falling under Survey No. 665 at Kanelwan within some reasonable time frame. 06. Learned counsel appearing for the official respondents, Mr. Jahangir Ahmad Dar as well as Mr. Abdul Manan appearing for the private respondents are not averse to the proposition being made by learned counsel for the petitioners. 07. Be that as it may, the instant petition is disposed of with a direction to the respondents 3 to 4 to remove the encroachment over the water channel (Gair Mumkin Kohl) Shamilat Section 4 falling under Survey No. 665 at Kanelwan within a period of one month from the date of passing of this order. 08. Disposed of in the aforesaid terms along with connected CM(s). (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 16.02.2026 Shamim Dar