HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1938/2025 Mohd. Riaz .....Applicant(s)/Petitioner(s) Through :- Mr. N. D. Qazi, Advocate Mr. Waseem Akram Mir, Advocate v/s UT of J&K and Others .....Respondent(s) Through :- Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 24.07.2025 1. By this petition, petitioner herein has challenged order No. JC/2025-26/19 dated 28.05.2025, issued by the respondent No. 3 by virtue of which the application for setting aside dismantle notice issued by the Tehsildar kotranka has been rejected. He has also challenged notice No.OQ/759-63 dated 22.03.2021 issued by the respondent No. 3. 2. It is stated that petitioner is serving in Indian Army as Subedar Major and was in cultivation of land measuring 13 Marlas falling under Khasra No. 1700 situated at Raj Nagar, Budhal, Tehsil Kotranka (Budhal), District Rajouri of Kasturi Lal. The said land was purchased by the petitioner from its owner, whereafter, petitioner started raising construction of his house over the land so possessed and purchased by him. 3. It is stated that the petitioner was asked by the authorities of the learned Munsiff, Magistrate, Budhal to maintain a distance of 20 feet distance from the Court premises to his house and not to have any window or door Sr. No. 142 2 on that side. However, a notice was issued against the petitioner on 22.03.2021 wherein the petitioner was directed to remove the illegal construction in the form of a house/shop located along the roadside to the extent it falls within the road boundaries, failing which, the construction was directed to be demolished through JCB machine. 4. On receipt of the notice, petitioner represented before respondent No. 2 with a written representation on 24.03.2021, wherein it was made clear that the petitioner has raised the construction strictly in accordance with the agreement/compromise arrived at with the Court authorities in the year 2003. Petitioner also preferred a writ petition bearing WP(C) No. 613/2021, finally this Court vide order dated 29.11.2023 disposed of the petition by providing that with regard to the violations, respondent No. 1 (respondent No. 3 herein) is at liberty to proceed against the petitioner but while initiating the action he shall have to follow due process of law and comply with the principles of natural justice. 5. Thereafter, petitioner submitted his application for setting aside the demolition notice dated 29.11.2023 issued by respondent No. 3 However, the same was rejected in terms of impugned order dated 28.05.2025. 6. Ms. Monika Kohli, learned Sr. AAG appearing on behalf of the respondents was directed to seek instructions. She has produced communication dated 03.09.2021, wherein the petitioner has been shown to have been encroached upon 06 Marla 06 sarsai land, which belongs to judiciary. 3 7. Learned counsel for the petitioner states that the petitioner be allowed to file a detailed representation before respondent No. 3, whereby he would be allowed to make an offer of an alternate piece of land, for use and occupation of the Munsif Court, Kotranka. 8. Ms. Monika Kohli, learned Sr. AAG states that she is not averse to the proposition made by the learned counsel for the petitioner. Her statement is taken on record. 9. This petition is disposed of with the direction to the petitioner to make a comprehensive representation before respondent No. 3, within a period of one week from the date of passing of this order. 10. Respondent No. 3 is directed to consider the representation of the petitioner within two weeks thereafter. 11. Till the representation of the petitioner is considered and a speaking order is passed thereon, respondents are directed not to take any coercive or adverse action against the petitioner. 12. Disposed of. (Moksha Khajuria Kazmi) Judge JAMMU 24.07.2025 Nikhil