Serial No. 3 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 380/2025 CM(1628/2025) CM(1629/2025) CM(894/2025) Ghulam Hyder Lone and Anr. … Petitioner(s) Through: Ms. Syed Tabasum Zafar Jalali, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Asif Ahmad Bhat, Advocate CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 04.04.2025 1. In the instant petition filed under Article 226 of the Constitution of India, the petitioners herein have prayed for following reliefs: a. Issue writ, direction or order in the nature of mandamus commanding the respondents 2 to 5 to demarcate the land expeditiously and report before this court within a period, which the Hon'ble Court may deem expedient with regard to land measuring 4 kanals comprising of 40 min (03 Kanal) khewat no. 11 Khata no. 31 and under survey no. 4l (01 Kanal) khewat no. 11 and Khata no. 31 is situated at village Shrai, Tangmarg belonging to petitioner and 15 marlas covered under khasra no. 41(06 marlas) & 42 (09 marlas) lying adjacent to the land of the petitioner, belonging to private respondents 6 & 7. b. Issue writ, direction or order in the nature of mandamus commanding the Respondents 2 to 5 that while demarcating the land of the petitioners, the petitioners be afforded with an opportunity to remain present on spot during the process of demarcation. c. Issue writ, direction or order in the nature of mandamus commanding the Respondent 6 & 7, till the demarcation is done, the construction on spot may be stopped. 2. The aforesaid reliefs have been prayed on the premise that the petitioners are the owners in possession of land measuring 4 Kanals covered under Survey No. 40 min (03 Kanals) and under Survey No. 41 min (01 Kanal) situated at Shrai Tangmarg/Gulmarg having purchased by the petitioners pursuant to a sale deed dated 17th April, 2017, and that a permission for raising construction of a commercial building on the said land has also been obtained by the petitioners from the competent authority in terms of permission dated 4th November, 2022, and that adjacent to the said land of the petitioners is the 15 Marlas of land of private respondents 6&7 herein, under Survey No. 41 (06 Marlas) and under Survey No. 42 (09 Marlas), however, the said private respondents have had occupied excess land being 1 Kanal and 03 Marlas on spot instead of 15 Marlas, and since the boundary of the land of the petitioners and that of the private respondents herein was not well demarcated, as such, the petitioners herein had approached the official respondents for conducting the demarcation of their land, which the official respondents failed to conduct compelling the petitioners herein to maintain the instant petition before this Court. 3. Upon coming up of this petition for consideration on 25th February, 2025, this Court directed the Tehsildar, Tangmarg to carry out demarcation of the land in question and also directed maintaining of status quo obtaining on spot with respect to the land of the petitioners and private respondents herein. 4. Today, when the matter came up for consideration, the counsel for the petitioners would contend that the demarcation of the land was undertaken by the Tehsildar pursuant to the order passed by this Court, and the demarcation report has also been filed by the petitioners herein along with CM No. 1844/2025. 5. The counsel for the private respondents 6 and 7, though, would admit of the demarcation of the land undertaken by the Tehsildar pursuant to the orders of this Court, however, objects to the same 6. Be that as it may, having regard to the fact that the petitioners herein had sought a limited relief in the instant petition for directing the official respondents to demarcate the land in question, which demarcation indisputably has been conducted pursuant to the orders of this Court, no further proceedings, as such, in the instant petition are required to be conducted, in that the grievance of the petitioners stands addressed and redressed. 7. Accordingly, the writ petition shall stand disposed of, however leaving it open to the parties to agitate their respective claim, if any, qua the land in question in an appropriate forum and in appropriate proceedings, in accordance with law and, as such, the interim direction passed by this Court on 25th February, 2025, shall cease to operate. 8. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR: 04.04.2025 “Mir Arif”