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2025 DAILYLAW 7494 (JK)

GHULAM RASOOL DAR v. UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT)

WP(C)/1352/2023 · 2025-03-17

Rajnesh Oswal

body2025

Judgment text

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Serial No. 61 Reg Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C ) No. 1352/2023 CM No. 3176/2023. GHULAM RASOOL DAR …PETITIONER (s) Through: Mr. Musavir Mir, Advocate. VERSUS UNION TERRITORY OF J AND K AND OTHERS. Through: Mr. Illyaz Nazir Laway, Government Advocate …RESPONDENT(s) CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 17-03-2025 01. The case projected by the petitioner in the present petition is that he is the owner of the land comprising of Survey No. 325, 325/1 and 371 left by his father, which was distributed between the petitioner and his brother namely Mohammad Jamal Dar. It is further stated that the brother of the petitioner had also filed one suit for mandatory injunction against the petitioner wherein the court had directed both the parties to maintain status-quo. The petitioner further claims that the respondents are trying to illegally grab the land of the petitioner for construction of public road leading to the house of his brother and as such the petitioner has filed this petition for directing the respondents not to grab the land of the petitioner except in accordance with the procedure established by the law. 02. The respondents have filed the response stating therein that the report was furnished by the field agency duly endorsed by the Naib Tehsildar dated 26th March, 2023 stating there that the irrigation canal at village Ranji comprising of Survey No. 340 has been encroached by the petitioner namely Ghulam Rasool Dar by way of erection of angle irons side besides the illegal plantation. It is further stated that on 6th May, 2023, the encroachment caused by the petitioner herein was removed and the said irrigation canal was restored in collaborating with the concerned irrigation authorities and the proprietary land of the petitioner was not touched during anti-encroachment drive. 03. In view of this, no further directions are required to be issued particularly when the respondents have themselves stated in their response that only illegal encroachment made by the petitioner has been removed and the proprietary land of the petitioner has not been touched. 04. disposed of. (Rajnesh Oswal) Judge SRINAGAR 17-03-2025 Showkat Khan