S. No. 12 Regular list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1026/2020 CM 1657/2024 \ ABDUL SATAR LONE AND ORS …Petitioner(s) Through: Mr. Z. A. Qureshi, Sr. Advocate with Ms. Rehana Fayaz, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy. AG. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 25.03.2025 1. The petitioners came forward with the institution of this petition taking place on 29.06.2020. 2. The grievance which came to be registered in the writ petition by the petitioners is that, upon being concerned with a development that of kahcharai land falling in village Hyhama Batapora covered under survey number 607 was falling prey to the land encroachers and further that their own proprietary land falling under Survey Nos. 1049, 1054, 1055, 1007/1059 and 1007/1059/2 was not being properly demarcated for the purpose to the petitioners’ satisfaction to secure their proprietary land and the inaction on the part of the District Revenue Authorities was wilful, it is in said context that the present writ petition came to be preferred seeking the following reliefs: a. Issue writ, direction or order in the nature of certiorari for quashing the show notice issued by Tehsildar Kupwara under no. TK/OQ/20/144 dated 26.06.2020 and notice issued by Naib-Tehsildar Helmatpora Kupwara under no. NTH/020/235 dated 26.06.2020 be quashed, as the same is based on a demarcation report, which demarcation is conducted illegally and on the basis of unauthenticated Shajra Aksi, Aksi Masavi and Shajra Paimaish and the Latha produced by the encroachers. b. Issue writ, direction or order in the nature of mandamus commanding the Respondents to depute a team of Revenue OfÏcers for demarcation of the Kahcharie land covered by survey15 no. 607 and 1023 situated in village Hyhama Batapora, District Kupwara and the proprietary land of the petitioners covered by khasra nos. 1049, 1054, 1055, 11007/3059 and 11007/1059/2 situated at Hyhama Batapora, District Kupwara, which team should include a member of the Director Land Records with authenticated documents required for such demarcation and thereafter appropriate action be taken by the concerned authorities. c. Till the demarcation is not conducted, the status of the land and construction raised thereon, of which the petitioners are owners under khasra no. 1049, 1054, 1055, 11007/1059 and 21007/1059/2 situated at Hyhama Batapora, District Kupwara, should be protected. d. Issue writ, direction or order in the nature of mandamus commanding the Respondent Financial Commissioner to take action upon the report of said demarcation to be conducted by a team of revenue ofÏcers, other than revenue ofÏcers of District Kupwara, to be constituted by him in pursuance of the directions which may be passed in this writ petition, and thereafter take appropriate action to retrieve the state land and Kahcharie land in whose possession it will be including that of the petitioners. e. Any other writ, direction or order which this Hon’ble court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner and against the respondents' alongwith the cost of litigation. 3. In the writ petition, the petitioners came up with averments relating to the intervening developments whereby the petitioners came to engage the District Level Revenue Establishment for seeking redressal of their purported grievance but to no avail. 4. During the pendency of this writ petition, a development came to take place with demarcation of khasra No. 1055, housing the constructed structure of the petitioners getting carried out which resulted in purported confirmation of the fact that the petitioners are housed in khasra No. 1055 which is said to be their proprietary land thereby relieving the petitioners from the worry that their construction was amenable to any risk of dislocation on the purported pretext that it was obtaining at the site of Government/State land. 5. The petitioners have now come forward with an application CM No. 1657/2024 bringing to the notice of this court development of said fact as to the demarcation of khasra No. 1055 but leaving the rest of their reliefs incapable to be considered by this court. 6. Given the nature of the rest of reliefs being asked by the petitioners, which otherwise are always admissible to redressal to petitioners in the regime of the Jammu & Kashmir Land Revenue Act, Samvat 1996 as demarcation of land that too of a proprietary land by landholder/owner, is a matter of right and the district revenue authorities concerned are under a statutory obligation to carry out the same in accordance with law and the rules obtaining but in the presence of the parties concerned which in the present case are the petitioners. 7. Therefore, this writ petition is disposed of with a direction to the Deputy Commissioner Kupwara to constitute a demarcation team/committee of the subordinate revenue officials for the purpose of carrying out the demarcation of the petitioners’ land, if any obtaining, in khasra Nos. 1049, 1054, 1055, 1007/1059 and 1007/1059/2 and thereupon share the report of the demarcation committee/team with the petitioners so as to leave them to their remedy in case they have still any grievance against the said demarcation. Needful exercise be carried out within a period of four months. 8. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 25.03.2025. Hilal Ahmad