S. No.62 Regular IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 593/2021 CM(1781/2021) CM(2142/2022) SYED MUDASIR RIZVI …Petitioner(s) Through: Mr. Sofi Manzoor, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT) ...Respondent(s) Through: Mr. H. Aman Ali, Dy. AG. Ms. Suwaiba, Advocate. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE ORDER 27.05.2025 (Oral): 1. In the instant petition, the petitioner claims to be the owner in possession of land measuring 06 Kanals and a few Marlas, covered under Survey No. 1003 & 1004 situated at Groom Ahmad Pora Pattan, upon a portioin of which, the petitioner claims to have constructed a residential house as well. 2. It is being stated that the said land, owned and possessed by the petitioner, is abutting with land covered under different Survey No’s including Survey No. 1005 and that a complaint had been filed by the private respondent herein before the official respondents, alleging therein that the petitioner has encroached upon the land covered under Survey No. 1005, which is recorded as a common pathway and, in furtherance of the said complaint, the official respondents attempted to dispossess the petitioner from his proprietary land inasmuch as intended to demolish the residential house constructed thereon, without issuing notice to the petitioner inasmuch as following procedure prescribed under law. Page 2 of 4 3. In the reply filed by the official respondents, it is admitted that the petitioner is the owner of the land bearing Survey No. 1003 and that the land covered under Survey No. 1005 is recorded as Shamilat Deh (Sharia Aam) and is partially under the occupation of the petitioner having been fenced by him by way of RCC fencing. It is further stated that one Ghulam Mustafa Mir, private respondent 4 herein, is also the owner in possession of land covered under Survey No. 1007, and the said Ghulam Mustafa Mir, and the Auqaf committee Ahmad Pora, alongwith petitioner herein have encroached upon public pathway covered under Survey No. 1005. 4. In the reply filed by the private respondent No. 4, it is stated that the answering respondent is owner in possession of land measuring 4 Kanals, 7 Marlas, being adjacent to the land of the petitioner and that the petitioner, in fact, has encroached upon Kahcharai land being used as common pathway covered under Survey No. 1005. It is further stated that although a complaint in this regard came to be filed by the answering respondent before the official respondents, yet upon their failure to take any action thereof, the answering respondent preferred OWP No. 907/2017 before this court, wherein an interim order came to be passed directing the Deputy Commissioner to furnish a report and the report submitted thereof, it came to be stated that the Revenue Agency has started taking action for removal of encroachment 5. It is also stated that in compliance to the directions passed by the court, the Tehsildar issued an order dated 24th March 2021, stating therein that survey number 1005 is “Sharia Aam” and stands encroached by one Nasir Ali S/O Ali Mohammad Wani, Syed Hidayat S/O Syed Mehdi, Syed Shabir S/O Syed Qasim and Syed Ibrahim S/O Syed Abdullah, who have constructed cowsheds, tin sheds and residential houses thereon and have in the process obstructed the ingress and egress of the private respondent 4 through the said pathway. 6. It is further stated that a notice under Section 133 of the Land Revenue Act came to be issued by the official respondents to remove all encroachment and even a request for registration of an FIR was also made in the matter to the concerned police. 7. It is further stated in the objections that SDM had also submitted a report in regard to the land covered under survey number 1005 and stated therein the said report that the kind of the soil of the survey number 1005 is recorded as “Gaer Mumkin Rasta” being used as pathway having been encroached upon, as a consequence whereof, the SDM has requested the Tehsildar for removal of the said encroachment. Heard learned counsel for the parties and perused the record. 8. Perusal of the respective pleadings of the parties inasmuch as the record available on the file reveals that the bone of contention and the subject matter in dispute in the instant petition is land covered under survey number 1005 indisputably recorded as Shamilat Deh “Sharia Aam”/ public pathway having been encroached upon by the petitioner, respondent 4 herein as also other landholders of the area. Record would also tend to show that the official respondents have initiated a process for removal of the encroachment of the said land being used as pathway by the villagers including the petitioner and private respondent herein. 9. Having regard to the aforesaid position obtaining in the matter, it is deemed appropriate to dispose of the instant petition at this stage by directing the official respondents to proceed in the matter in accordance with law qua the land covered under Survey No. 1005 and also provide an opportunity of hearing to all the stakeholders including the petitioner and private respondent herein, before undertaking actual act of removal of encroachment. Ordered accordingly. Let the aforesaid exercise be undertaken and concluded by the official respondents within a period of eight weeks from today. 10. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR 27.05.2025 Hilal Whether the order is speaking/reportable? Yes/No.