GHULAM NABI KHATANA AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT)
WP(C)/1270/2024 · 2025-05-31
Vinod Chatterji Koul
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7781 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7781 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 10 Special Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) No. 1270/2024
Ghulam Nabi Khatana and Ors. …Appellant/Petitioner(s) Through: Mr. Rizwan-ul-Zaman, Advocate Vs. UT of J&K and Ors. ...Respondent(s) Through: Mr. Jahingeer Ahmad Dar, GA
CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 31.05.2025
1. Petitioners through the medium of this petition are seeking following reliefs:- (i) Writ of mandamus, thereby commanding the respondents to allow the petitioners to reside and occupy two rooms and 15 Marlas of State land near the irrigation quarter situated at Kehribal Ranbirpora till they are allotted 5 Marlas of State land to each of the petitioner in terms of Govt. Order dated
24.08.2023. (ii) Writ of mandamus, thereby commanding the respondents to consider the case of the petitioners in terms of Govt. Order dated 24.08.2023 and allot 5 marals of State land to each of the petitioner at Village Ranbirpora. (iii) Writ of mandamus, thereby commanding the respondents to give the same treatment to the petitioners as has been given to the other nomads in District Anantnag, in terms of the order dated 24.08.2023. (iv) Writ of prohibition, thereby prohibiting the respondents not to dispossess the petitioners from the quarter till 5 marlas of State land are allotted to each petitioner by the respondent Deputy Commissioner. (v) Any order or direction as the Hon’ble Court deems fit and proper in the circumstances of the case be passed in favour of petitioners and against the respondents.
2. The case set up by the petitioners is that they are landless dwellers and the Government of Jammu and Kashmir, Revenue Department Civil Secretariat, Jammu/Srinagar, has issued a Government Order No. 118- JK(Rev.) of 2023 dated 24.08.2023, wherein sanction has been accorded to the allotment of 05 marlas of State land on lease basis in favour of landless PMAY(G)/Awas plus beneficiaries.
3. The short grievance of the petitioners is that the petitioners being landless dwellers have already approached the Deputy Commissioner, Anantnag, by way of applications for allotment of 5 marlas of land in terms of Government Order dated 24.08.2023, but the same have not been considered till date.
4.
Learned counsel for the petitioners, while arguing the matter, submits that he does not want to press this petition to the extent of relief Nos.1 and 4.
5. Mr. Jahingeer Ahmad Dar, on asking of the Court has appeared in this matter and submitted that the applications of petitioners in pursuance of Government Order supra would be considered strictly in accordance with the provisions of law as contained in the scheme and Government Order referred to above provided they have not already occupied any land and if so, they will be evicted from it.
6. Having regard to the submissions made by learned counsels for the parties, the present petition, at this stage, is disposed of with a direction to the Deputy Commissioner, Anantnag, to consider the petitioners’ applications for allotment of 5 marlas of land in terms of Government Order dated 24.08.2023 and if found eligible, pass appropriate orders, preferably within a period of four months from the date copy of this order is made available to him. However, it is made clear that in case petitioners are in possession of State/Forest land, the respondents shall be at liberty to proceed in the matter for its recovery strictly in accordance with law.
7.
Disposed of as above.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 31.05.2025 Manzoor
Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 02.06.2025 17:04