ABDUL RASHID KOUL v. UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT)
WP(C)/485/2023 · 2025-07-17
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6519 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6519 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 6 Regular List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 485/2023 CM No. 1143/2023CM No. 5880/2024 CM No. 3332/2023 CM No. 1595/2023 CM No. 1143/2024 Abdul Rashid Koul …Petitioner(s) Through: Mr. M.A. Makhdoomi, Adv. Vs. UT of JK and Ors. ...Respondent(s)
Through: Ms Nadia Abdullah, AC vice Mr. Mohsin Qadiri, Sr. AAG. Mr. Bikram Deep Singh, Dy.AG.
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER 17.07.2025
1. Having heard learned counsel for the parties and perused the material on record, this Court finds that complicated and disputed questions of fact have arisen for adjudication in this petition. Ordinarily, such complicated and disputed questions of fact are not gone into by this Court while exercising its extraordinary jurisdiction vested in this Court under Article 226 of the Constitution of India. However, having regard to the fact that the dispute between the parties is such, which can be determined by the Revenue Authorities by constituting a team of revenue officers for conducting a fresh demarcation.
2. Learned counsel for the parties after arguing the matter at length submit that they are not averse to the instant petition being disposed of by directing the respondent no. 2 [Divisional Commissioner, Srinagar] to carry out fresh demarcation under his aegis within some reasonable time
frame after affording an opportunity of hearing to all the stake holders, including the petitioner.
3. Accordingly, with the consent of learned counsel for the parties, the instant petition is taken up for final disposal and the same is disposed of by directing respondent no. 2 [Divisional Commissioner], Kashmir, to constitute a fresh team of revenue officers, headed by the concerned Tehsildar, for conducting fresh demarcation of the land in question, which is subject matter of the instant petition, within a period of two weeks from the date a copy of this order is received by the respondent no. 2. The demarcation team shall conduct the demarcation after notifying all the stake holders within a period four weeks, thereafter. Pursuant to the finalization of the demarcation and submission of the report by the aforesaid team, the respondent no. 2 shall pass appropriate orders on the basis of the said report. The petitioner, as well as all stake holders, shall be associated in the demarcation process.
4. Till the entire exercise is completed and appropriate orders are passed by respondent no. 2, as directed above, the order dated 13th December, 2022, impugned in the instant petition, shall not be acted upon. However, future course of action shall be subject to the outcome of the demarcation and decision to be taken thereafter by the respondent no. 2.
5. The writ petition is disposed of in the manner indicated above along with connected CM(s).
(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR: 17.07.2025
“Shamim Dar”