Sr. No. 72 Supp. List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 395/2025 CM No. 923/2025 Nazir Ahmad Sheikh and others …Petitioner(s)/appellant(s) Through: Mr. S.H. Thakur, Advocate Vs. UT of JK and others ...Respondent(s) Through: Mr. Furqan Sofi, GA CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE O R D E R 28.02.2025 1. This writ petition warrants disposal at its inception stage. 2. The three (3) petitioners are real brothers the petitioner No. 1- Nazir Ahmad Sheikh has come to be visited upon by an order No. Lease/2024-25/1994-99 dated 18.02.2025 issued by the Estate Officer, (Divisional Forest Officer) Shopian, Forest Division, Shopian, which being an eviction order issued purportedly under section 79 A (1) of the Indian Forests Act, 1927 whereby the petitioner No. 1-Nazir Ahmad Sheikh has been ordered to remove the erected fencing from the Behak in reference or else suffer necessary action as warranted under the rules against him. 3. It is this order which is sought to be made subject matter of challenge in the present writ petition. 4. A perusal of the order would show that before passing of the same Range Officer, Shopian, is said to have issued a show Arif Hameed I attest to the accuracy and authenticity of this document 05.03.2025 cause notice No. RO/SPN/2024-25/554 dated 27.11.2024 calling upon the petitioner No. 1-Nazir Ahmad Sheikh to remove the erected fencing from the Behak in reference within a week’s time. 5. The petitioner No. 1 did not respond to the said notice and the purported cause for the omission cited by the learned counsel for the petitioners is that no such show cause notice was ever received or served upon the petitioner in particular petitioner No. 1-Nazir Ahmad Sheikh and, therefore, there was no occasion available for the petitioner No. 1 to explain his position with respect to the subject matter in issue to the Range Officer, Shopian. 6. Be that as it may, this court disposes of this writ petition by directing all the petitioners to approach the Estate Officer, (Divisional Forest Officer) Shopian Forest Division, Shopian, on 17.03.2025 at 11:00 am, whereupon the Estate Officer, (Divisional Forest Officer, Shopian) Forest Division, Shopian, shall handover/deliver a copy of the notice No. RO/SPN/2024- 25/554 dated 27.11.2024 of the Range Officer, Shopian against receipt to the petitioners for enabling the petitioners to respond to the said notice within a period of seven (7) days next reckoning from 27th March, 2025 onwards. 7. The response to be submitted by the petitioners shall also be against the receipt of the Estate Officer, (Divisional Forest Arif Hameed I attest to the accuracy and authenticity of this document 05.03.2025 Officer) Shopian Forest Division, Shopian, wherepon the Estate Officer, (Divisional Forest Officer, Shopian) Forest Division, Shopian, shall pass an appropriate order, be it for or against the petitioners as per the mandate of the Indian Forest Act, 1927. 8. Disposal of the writ petition merely shall not in any manner be reckoned as prejudicial to the standpoint of both the parties to the present writ petition. 9. In the meantime, the status quo obtaining as on date shall be maintained by both the sides qua the Behak in reference. 10. Default on the part of the petitioners to report themselves on 27.03.2025 before the Estate Officer, (Divisional Forest Officer) Shopian, Forest Division, Shopian, shall result in recall of the interim direction hereby given. 11. A copy of this order be provided by the Registrar Judicial, Srinagar both to Mr. S.H. Thakur, learned counsel for the petitioners and Mr. Furqan Sofi, learned GA, for the respondents for the sake of notice of the respective parties. (RAHUL BHARTI) JUDGE SRINAGAR 28.02.2025 ARIF Arif Hameed I attest to the accuracy and authenticity of this document 05.03.2025