44 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 247/2024 in[WP(C) 150/2024] Ghulam Mohammad Malik ….. Appellant/Petitioner (s) Through: Mr. Sameer Qayoom, Adv. V/s Basharat Qayoom and Ors. ….. Respondent(s) Through: Ms. Nadiya Abdullah, AC Coram: Hon’ble Ms Justice Moksha Khajuria Kazmi, Judge ORDER 11.08.2025 1. By this petition, the petitioner herein has alleged non compliance of order passed by this court on 18-03-2024 in WP(C) No 150/2024, whereby the writ petition was disposed as under; “Viewed in the above context, it will be futile to keep this writ petition pending on board and the same is, accordingly, disposed of with a direction was issued to the respondents to demarcate the land falling under Survey Nos. 66 and 67 and after demarcation, if it is found that pathway falls under the Survey No. 67 and is a proprietary land and the same is required for upgradation of pathway then respondents shall acquire the same in accordance with law. However, if it is found that pathway falls under Survey No. 66, designated as Kahcharie land, the respondents shall remove encroachment whether it is made by petitioner or anybody else strictly in accordance with law. However, if it is found that pathway falls under the survey No. 66, designated as Kahcharie land, the respondents shall remove encroachment whether it is made by petitioner or anybody else strictly in accordance with law applicable to the subject. Let this exercise be completed within a period of two months from the date certified copy of this order is served upon respondents”. 2. Statements of facts stands filed, whereby it is stated that as per records available no pathway is recorded in both Survey Nos. i.e., 66 and 67 which is recorded as Mahfooz Kahcharie measuring 10 kanals and 4 marlas. The report of the field agency after spot verification indicates that a pathway is existing on spot and is at Survey No. 66 Mahfooz Kahcharie. It is further submitted that the land under Survey No. 66 is recorded as Mahfooz Kahchirie and is on spot build up area since decades. The applicant namely Ghulam Mohammad Malik is presently under the physical occupation and control on the land measuring 01 Kanal 12 Marlas, he is having an entitlement of land measuring 01 Kanal and 04 Marlas and in illegal occupation of land measuring 08 Marlas. The spot identification reveals that the petitioner namely Ghulam Mohammad Malik is himself an encroacher and he is the only person who has encroached the said existing pathway. The claim of the petitioner has been considered upon the directions and order of this court and as per facts of the case his claim has been found devoid of any merit. 3. In view of the fact that the respondents have considered the claim of the petitioner and found it to be devoid of any merit, the order of the writ court stands complied with. Therefore, the respondents cannot be proceeded against. 4. Accordingly, the contempt proceedings are closed and the contempt petition is disposed of. (Moksha Khajuria Kazmi) Judge SRINAGAR 11.08.2025 Sarvar