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2025 DAILYLAW 4427 (JK)

BHUPESH CHANDER RAINA v. STATE TH.REVENUE DEPTT.AND ORS.

OWP/1123/2018 · 2025-03-03

Rajnesh Oswal

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 1123/2018 IA No. 1/2018 Bhupesh Chander Raina …..Appellant(s)/Petitioner(s) Through: None. vs State of J&K and ors. .…. Respondent(s) Through: Ms. Priyanka Bhat, Advocate vice Ms. Monika Kohli, Sr. AAG. Mr. A. K. Shan, Advocate. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 03.03.2025 1. The prayer made in the present petition is for directing the official respondents to comply with the Government Order NO. 138-Rev(S) of 2016 dated 07.10.2016 ensuring that the land use of agriculture land bearing survey no. 233 Khewat No. 57/57 Khata No. 199/199 measuring 36 Kanal 10 Marlas is not changed to non-agriculture purpose. 2. Official respondents have filed the response, stating therein that the spot was inspected by the Patwari Halqa Dharamsal and Naib Tehsildar Sailsul (Kalakote) who have submitted their report dated 03.08.2022 wherein it is stated that an already existing residential house was constructed on the land measuring 10 Marlas under survey No. 233 two years back and no new construction is being raised in the said survey number. It is further stated by the respondents that the Serial No. 19 2 OWP No. 1123/2018 Government has come up with notification No. 01-JK (BOR) of 2022 dated 14.01.2022 notifying the regulations namely J&K Agricultural Land (Conversion of Non-Agricultural Proposes) Regulation, 2022 under S-5 A(2) and S-133-A(4) of J&K Revenue Act. 3. As per new guidelines, the limit of the agricultural land which is permissible to be converted into non-agricultural land is 400 sq. metres i.e. 16 Marlas and with the coming into force the Regulation of 2022, the order of 2016 has lost its validity. 4. In view of this, the present petition is disposed of by directing the official respondents to ensure that the agricultural land is not put to any other use except in accordance with law. 5. Disposed of along with the connected application. (RAJNESH OSWAL) JUDGE Jammu 03.03.2025 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Sahil Padha 2025.03.04 12:44 I attest to the accuracy and integrity of this document