HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1798/2022 CM No. 5044/2022 Suram Singh …..Appellant(s)/Petitioner(s) Through: Mr. Sandeep Singh, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG Mr. Ravinder Gupta, AAG. Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 26.03.2025 ORAL 1. Through the medium of instant petition, the petitioner is seeking a direction upon the respondents, restraining them from taking possession of his land measuring 11 Kanal 13 Marlas comprised in Khasra No. 146 situated at village Panassa, Tehsil Thakrakote, District Reasi without adopting due course of law. 2. According to the petitioner, respondent Nos. 3 is changing the alignment of the road through the aforesaid land of the petitioner without seeking approval from the higher authorities and without following the acquisition process. In view of this, the petitioner apprehends that his land may be utilised by respondent No. 3 without the same having been acquired in accordance with law. 3. Respondent No. 3 has filed reply, in which it is categorically stated that the said respondent has not undertaken any change in alignment of Serial No. 12 2 WP(C) No. 1798/2022 the road and that the road has been constructed as per already approved project report. It has been further submitted that whatever land has been utilised in construction of the road, the same has been properly acquired and compensation is being paid to the rightful owners in accordance with law. 4. Respondent Nos. 1 and 2 are stated to have filed their reply before the Registry. However, the same is not on record. A copy of the reply has been produced by the learned counsel for respondent Nos. 1 and 2, which is taken on record. In para (4) of the reply of respondent Nos. 1 and 2, it has been submitted that the road has been constructed after proper survey by PMGSY Department. It has been further submitted that Additional Deputy Commissioner, Reasi vide communication dated 04.03.2025 directed the Tehsildar, Thakrakote to verify the status of the land of the petitioner and the Tehsildar vide his report dated 07.03.2025 has submitted that the land of the petitioner, which is the subject matter of the present writ petition is not coming under the alignment of the road. Therefore, there is no question of taking over possession of the land in question by the respondents. 5. Heard and considered. 6. Having regard to the aforesaid pleadings of the parties, it is clear that the apprehension of the petitioner that his land is being utilised by the official respondents for the purpose of construction of the road is misplaced, as the official respondents have clearly taken a stand that the alignment of the road has not been changed. Infact Additional Deputy Commissioner, Reasi, after getting the matter verified from the 3 WP(C) No. 1798/2022 Revenue Agency, has concluded that the land which is subject matter of the writ petition has not come under the alignment of the road. 7. In view of the above, the instant writ petition is disposed of alongwith the connected application by providing that the petitioner shall be at liberty to utilise his aforesaid land for any lawful purpose and it is further provided that in case the official respondents, at any point of time in future, intend to utilise the said land, they shall do so only after following due process of law. 8. Disposed of. (SANJAY DHAR) JUDGE Jammu 26.03.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.03.26 17:49 I attest to the accuracy and integrity of this document