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High Court of Jammu and Kashmir · body

2025 DAILYLAW 5859 (JK)

DILEEP KUMAR RAINA AND ANR. v. DR.BILAL MOHI-UD-DIN BHAT, DY.COMMSSR. KULGAM

CPOWP/200/2015 · 2025-05-27

Moksha Khajuria Kazmi

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH ATJAMMU CPOWP No. 200/2015 in OWP No. 285/2015 Dileep Kumar Raina and anr .....Applicant(s)/Petitioner(s) Through :- Mr. P.N Bhat, Advocate v/s Dr. Bilal Mohi-ud-din Bhat, Kulgam .....Respondent(s) Through :- Ms. Chetna Manhas, Advocate vice Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 27.05.2025 1. By this petition, petitioners herein have alleged non-compliance of order dated 17.03.2015 passed in OWP No. 285/2015 titled “Dileep Kumar Raina and ors. V/s State of J&K and ors” wherein the said petition was disposed of with following directions. “Having regard to the grievance of the petitioners and relief sought, this petition is admitted and disposed of providing that the respondents, in particular respondent No. 2, that is, the Deputy Commissioner, Kulgam shall accord consideration to the grievance of the petitioners indischarge of his duty and obligations under the Act. Petitioners shall cause delivery of a copy of this v/rit. petition and its annexures along with a copy of this order in the office of respondent No. 2 at an earliest and . respondent No. 2 shall do good by taking cognizance of thematter, initiating proceedings and taking appropriate action under the Act at an earliest, preferably within six weeks' time after copies are deliveries in his office. Sr. No. 29 2 Disposed of along with connected CMA.” 2. Statement of facts stands filed. It is stated that the illegal encroachment has been removed from the petitioner’s land and 14 Marlas of land, much higher quantum of land than owned by the fathers of the petitioners, have been put under the custody of concerned Chowkidar by Tehsildar Frisal. 3. It is further stated that the share of the father of the petitioners is much less than 14 Marla and there is no illegal encroachment on the land of the petitioners. Respondents have also placed on record the report of the Tehsildar Frisal. 4. Learned counsel for the petitioner states that though the grievance of the petitioners for the removal of the illegal encroachment has been redressed by the respondents but the land has not been handed over to the petitioner. 5. Deputy Commissioner Kulgam is directed to consider handing over of the land to the petitioners, provided that there is no legal impediment. 6. It is stated by the learned counsel for the respondents that the order passed by this Court on 17.03.2015has been implemented in its letter and spirit. 7. Contempt proceedings are closed. However petitioners are at liberty to seek revival of the contempt petition if the cause survives or otherwise. (Moksha Khajuria Kazmi) Judge JAMMU 27.05.2025 Rahul