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2025 DAILYLAW 7347 (JK)

SANA-ULLAH WANI AND ORS v. UNION TERRITORY OF J AND K (REVENUE) AND ORS

WP(C)/1103/2025 · 2025-05-16

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 79 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1103/2025 CM(2921/2025) SANA-ULLAH WANI AND ORS …Petitioner/Appellant(s) Through: Mr. Bhat Fayaz, Advocate with Mr. Suhail Mehraj, Advocate. Vs. UNION TERRITORY OF J AND K (REVENUE) AND ORS ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA. CORAM: HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE O R D E R 16.05.2025 1. The prayer made in the present petition is for commanding the official respondents to retrieve the encroached State land measuring 7 kanals comprising Survey No.78 situated at Kaloosa, Bandipora, and further to restore the common road which has been encroached and blocked on spot. 2. It is further stated that the petitioners have already approached the respondent No.3-Deputy Commissioner, Bandipora, for redressal of their grievances. 3. Learned counsel for the petitioners has drawn the attention of this Court towards the application/representation filed by the petitioner No.5 before the respondent No.3-Deputy Commissioner, Bandipora, and has further drawn the attention of this Court towards communication dated 15.03.2025 addressed by the Tehsildar Bandipora to the Assistant Commissioner (Revenue) Bandipora, to demonstrate that the encroachment has been made on Survey No.78, which is Shamilat Deh/Maqbooza Shareh Aam/Gair-Mumkin Nallah/Abi Awal. 4. Learned counsel for the petitioners has further submitted that respondent No. 3 be directed to decide the representation within some stipulated period. The submissions made by Mr. Bhat Fayaz, learned counsel for the petitioners is not opposed by Mr. Ilyas Nazir Laway, learned GA. 5. In view of above, the present petition is disposed of by directing the respondent 3-the Deputy Commissioner, Bandipora, to decide the application/representation submitted by the petitioner No. 5 for removal of the encroachment made on the land measuring 7 kanals comprising under Survey No.78 situated at Kaloosa Bandipora, within a period of three months from the date a copy of this order is made available by the petitioners to the respondent No.3-Deputy Commissioner, Bandipora and while deciding the aforesaid application/representation, the Deputy Commissioner, Bandipora, shall afford due opportunity of hearing to all interested parties. 6. Disposed of. (RAJNESH OSWAL) JUDGE SRINAGAR 16.05.2025 Ishaq