HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.2792/2023 Mansa Ram ….Petitioner(s)/Appellant(s) Through :- Mr. Ashok Sharma, Advocate. V/s UT of J&K & Ors. ….Respondent(s) Through :- Mr. Ravinder Gupta, AAG for R-1 to 6. Mrs. Monika Kohli, Sr.AAG for R-7 to 9. Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER (25.03.2025) 01. This petition has been filed by the petitioner seeking issuance of writ of mandamus to direct the respondents not to construct road or interfere in any manner into his peaceful possession, cultivation use and enjoyment of the land comprising of Khasra No.1814 measuring 03 kanals and 15 marlas situated at Village Bhajwal, Ward No.13 Sunderbani District Rajouri without acquiring the same or without adopting due course of law. 02. The grievance put forth by learned counsel for the petitioner in this petition is that the respondents are intending to construct the road on the aforesaid land without adopting due course of law, therefore, seeks a direction to prohibit them from raising such construction of road without adopting due course of law. 03. Reply has been filed by the respondents, wherein it is submitted that the road has already been constructed and the said road has not been constructed on the land bearing Khasra No.1814 measuring 03 kanals 15 marlas which petitioner claims to be owned and possessed by him. Regarding this land, Sr.No. 16 2 specific stand taken by the respondents is that the land on which road has been constructed does not belong to the petitioner and the land in question which petitioner claims to be owned and possessed by him is a State land. 04. Since the grievance of the petitioner was with regard to the construction of the road in Khasra No.1814 and as the respondents’ specific plea is that the road has been constructed on the land bearing Khasra No.1815, 2667 & 2668 which, admittedly, does not belong to the petitioner. Therefore, in view of the specific plea raised by the respondents, there is no case for the petitioner, this petition will not survive and shall stand dismissed. Petitioner shall be at liberty to take recourse to appropriate remedy, if fresh cause of action accrues to him. (VINOD CHATTERJI KOUL) JUDGE Jammu: 25.03.2025 Eva