Serial No. 68 SUPP. LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 91/2025 in[WP(C) 1386/2023] CM(2388/2025) ISHFAQ MIR AND ORS. …Petitioner(s) Through: Mr. Jahangir Iqbal Ganai, Sr. Advocate with Mr. Abu Bakr Pandit, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDE R 25.04.2025 1. Impugned in the present appeal filed by the appellants under Clause 12 of the Letters Patent, is an order and judgment dated 17th February, 2025, passed by the learned Single Judge [“the Writ Court”], whereby the writ petition filed by the appellants herein has been dismissed. Before the Writ Court, the appellants herein had prayed for following reliefs:- (i) Writ of mandamus or any other writ, order or direction, the respondent No. 10 be commanded not to cause any kind of interference with the ownership and possession of the petitioners over the land measuring 11 Kanals and also the construction raised by the petitioners thereon, in any manner whatsoever and remove the encroachment on the Nalah(Kul). (ii) Writ of mandamus or any other writ, order or direction, to the Official respondents to permit the petitioners to fence on the backyard adjacent to the Nala (Kul) and restrain the respondent No. 10 so that petitioners is able to protect their property and privacy and no one tempers with the same in any manner whatsoever. The petitioners also deserve to be granted police protection for safeguarding their rights and interests in the aforesaid property. (iii) Writ of mandamus or any other writ, order or direction, to the official respondents to implement the orders passed by them in letter and spirit without any further delay as the petitioners have suffered immensely from the last more than 6 years”. Arif Hameed I attest to the accuracy and authenticity of this document 29.04.2025 2. So far as reliefs (i) & (ii) are concerned, the same cannot be granted by this Court in exercise of extraordinary jurisdiction vested under Article 226 of the Constitution of India, as the dispute between the petitioners/appellants herein and respondent No. 10 is purely private in nature. 3. Mr. Jahangir Iqbal Ganai, learned senior counsel for the appellants, fairly concedes this aspect of the matter. He, however, would submit that the Writ Court ought to have entertained the writ petition in respect of relief (iii), and ensured that the orders passed by the official respondents from time to time were implemented in letter and spirit. 4. Having heard learned senior counsel, assisted by Mr. Abu Bakr Pandit, learned counsel appearing for the appellants, we find that there is apparently a private dispute between the appellants and the respondent No. 10, with regard to some land falling under Survey No. 926 min. Both parties are making allegations of encroachment against each other. The documents on record, however, indicate that there is some possible encroachment on Nalah/Kul (Gair Mumkin) and it is this alleged encroached land which has become bone of contention between the appellants and the respondent No. 10. 5. Having regard to the nature of dispute which has apparently arisen between the appellants herein and the respondent No. 10, we are of the considered opinion that the same can be sorted out by directing the jurisdictional Deputy Commissioner himself or through some revenue officer not below the rank of Assistant Revenue Commissioner, to visit the spot and to determine the Arif Hameed I attest to the accuracy and authenticity of this document 29.04.2025 encroachment, if any, made by any of the parties, of course after affording an opportunity of being heard to both the parties. We further provide that in case, any encroachment is found on spot, the same shall be removed and property restored to its original position. 6. Let the Deputy Commissioner himself or through some revenue officer not below the rank of Assistant Revenue Commissioner, conclude the exercise as directed above within a period of four weeks from the date copy of this order is served. 7. In view of aforesaid directions the judgment and order passed by the Writ Court is set aside and the appeal disposed of. (MOHD YOUSUF WANI) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 25.04.2025 “ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 29.04.2025