MUKHTAR AHMAD MIR AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE)
WP(C)/1261/2025 · 2025-05-29
Javed Iqbal Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7565 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7565 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 40
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) No.1261/2025 CM No. 3356/2025
Mukhtar Ahmad Mir and Ors. …Petitioner/Appellant(s) Through: Ms. Syed Ainain Qadiri, Advocate. Vs. UT of J&K and Ors. ...Respondent(s) Through: CORAM:
HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R 29.05.2025
1. In the instant petition the petitioners have prayed for the following reliefs: - I. By a writ of Prohibition: The official respondents may be directed to discharge and perform their constitutional and statutory duty by restraining and refraining the private respondents including the miscreants from interfering with the orchard land of the petitioners which as per revenue records are recorded in the name of the petitioners.
II. By a writ of Mandamus: A. Commanding the Official Respondents to protect the property of the petitioners from the hands of private respondents and goons of the area; B. Commanding the respondents in general, and respondents 4 and 6 in particular, to provide police protection to the petitioners in order to enable them to secure their land from any encroachment.
Heard counsel for the petitioners and perused the record.
2. The short grievance projected by the petitioners in the instant petition is that the official respondents herein upon being approached by the petitioners have failed to perform their legal and statutory duty for securing and protecting the rights and interests of the petitioners qua
the orchard land owned and possessed by them measuring 33 kanals and 3 marlas, covered under Survey Nos. 1107, 1108, 1109, 2097 and 1106 situated at Rakhi Sultanpora, Tehsil Sonawari, Sumbal, Bandipora, allegedly being encroached upon by the private respondents.
3. Having regard to the nature of issues raised in the instant petition coupled with the submissions made by counsel for the petitioners, it is deemed appropriate to dispose of the instant petition at this stage without seeking returns from the respondents by directing the official respondents to take necessary steps for securing and protecting the rights and interests of the petitioners available to them under law qua the aforesaid land owned and possessed by the petitioners. Ordered accordingly.
4. Disposed of along with CM.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR 29.05.2025 Ishaq