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High Court of Jammu and Kashmir · body

2025 DAILYLAW 5781 (JK)

HASHAM DIN AND ORS. v. STATE TH.REVENUE DEPTT.AND ORS.

OWP/2226/2018 · 2025-09-30

Sanjay Dhar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 2226/2018 Hasham Din & Ors. …..Petitioners Through: Mr. M.A. Goni, Sr. Advocate with Mr. S. Tanzeel Illahi, Advocate Vs State of J&K & Ors. .….Respondents Through: Ms. Chetna Manhas, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG for R-1, 3, 5 & 6 Mr. Atul Verma, Advocate vice Mr. Adarsh Sharma, Advocate for R-4 CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (30.09.2025) 01. The petitioners claim that they are in possession of land situated at village Dwara, Tehsil Nagrota, District Jammu where they have built up small houses. It has been claimed that the petitioners belong to nomadic community and the structures built by them on the land in question is the only shelter available to them and in case, they are evicted from the land in question they are going to suffer irreparably. 02. Respondent No. 4-Vice Chairman, Jammu Development Authority, in his objections has submitted that the Serial No. 10 2 OWP No. 2226/2018 petitioners are encroachers of the land which actually belongs to respondent-Jammu Development Authority, as such, the respondents are well within their rights to remove the encroachments. 03. Having regard to the limited nature of controversy involved in this writ petition, the same can be disposed of by extending appropriate directions so as to protect the interests of both the parties. 04. Accordingly, the writ petition is disposed of with a direction that the petitioners shall not be dispossessed by the respondents from the land which is being occupied by them except in due course of law. 05. The writ petition is accordingly, disposed of. (SANJAY DHAR) JUDGE JAMMU 30.09.2025 SUNIL Whether the order is speaking ? : Yes Whether the order is reportable ? : No