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2025 DAILYLAW 6337 (JK)

MOHAMMAD AKBAR ALLAIE v. UNION TERRITORY OF J AND K (REVENUE) AND ORS

WP(C)/317/2025 · 2025-02-19

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 79 Suppl. cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 317/2025 Mohammad Akbar Allaie ….. Appellant/petitioner(s) Through: - Ms. Asifa Padroo, Advocate V/s UT of J&K and Ors. ….. Respondent(s) Through: - CORAM: HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE (ORDER) 19.02.2025 01. The case of the petitioner in nutshell is that he is owner of a patch of land situated at Mirgund, Baramulla, constituting his only piece of immoveable property and source of the income for his family. That some unscrupulous elements have illegally encroached upon the public pathway, which was being used by his family and other land owners for ingress and egress purposes. That upon the encroachment of the pathway by the landgrabbers, he and his family was helplessly stopped from cultivating the subject piece of land. That he was constrained to approach the concerned revenue authorities for taking action in the matter under law as a result of which some revenue officers visited the spot and removed the encroachment, but the said landgrabbers again encroached upon the pathway and also Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document misbehaved with the revenue officers, which has led to the deprivation of the right of way to his aforesaid land. 02. The petition and the documents enclosed with the same have been perused. Learned counsel for the petitioner has also been heard in the matter. 03. In the facts and circumstances of the case, this Court is of the opinion that the matter can be disposed of at this threshold stage by passing an appropriate order in accordance with law, which otherwise also has to take its own course. 04. Accordingly, the instant petition is disposed of with a direction to respondents especially respondent No. 4, to take immediate necessary action in the matter in accordance with law governing the field within a period of two weeks. The respondent No. 3, shall provide assistance to the respondents 2, 4 to 6, if requested for the same in connection with taking necessary action in the matter as hereinbefore directed. However, it is needful to mention that no person shall be dispossessed on spot except in accordance with procedure established under law. 05. Disposed of along with connected CM(s). (MOHD YOUSUF WANI) JUDGE SRINAGAR 19.02.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document