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2025 DAILYLAW 8244 (JK)

MANZOOR AHMAD NAJAR v. UNION TERRITORY OF J AND K AND ORS. (REVENUE)

WP(C)/1679/2025 · 2025-07-21

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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S.No.16 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1679/2025 CM(4359/2025) MANZOOR AHMAD NAJAR …Petitioner(s)/Appellant(s) Through: Mr. Parvaiz Lone, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. (REVENUE) ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL,JUDGE ORDER 21-07-2025 1. Learned counsel for the petitioner, at the very outset, has drawn the attention of the Court to Annexure VII. A perusal of the same reveals that a report was sought from the field staff, which discloses that a portion of land falling under Khasra No. 2258/405 has come under the occupation of the Police Post, Old Town, Baramulla. As per the revenue records, land measuring 3 kanals stands recorded in the name of the petitioner. However, on the spot, it was found that 2 kanals of land from the said survey number are under the occupation of the Police Post. 2. A detailed report by a constituted team is also annexed, which shows that the petitioner had executed a Special Power of Attorney in favour of one Sharref-ud-Din Bhat S/o Ghulam Mohammad Bhat, registered with Sub-Registrar, Baramulla, under No. 517 dated 18.01.2018. However, the said Power of Attorney was subsequently cancelled, and the petitioner has since regained authority over the land, which fact is reflected in the revenue records. The Girdawari annexed with the report confirms this aspect of the matter. 3. Furthermore, the report indicates that the petitioner had mortgaged the land to secure a loan. Nonetheless, two kanals of the said land are presently under the occupation of the Police Post, Old Town, Baramulla, in respect of which the petitioner seeks appropriate relief. The aforesaid report dated 06.05.2025 was submitted by the Naib Tehsildar, Baramulla, to the concerned Tehsildar for further action, however, no further steps have been taken by the Tehsildar till date. 4. Learned counsel for the petitioner submits that the petitioner would feel satisfied if the present writ petition is disposed of at this stage with a direction to respondent No. 4- Tehsildar Baramulla to take a final call on the report submitted by the Naib Tehsildar Baramalla placed with record as annexure VII in accordance with law within a reasonable time frame. 5. Mr. Ilyas Nazir Laway, learned Government Advocate, on the asking of the Court, appears on behalf of the official respondents and submits that he is not averse to the disposal of the writ petition in the manner proposed by the petitioner’s counsel. 6. In view of the above and with the consent of learned counsel for the parties, the writ petition is taken up for final disposal and is accordingly disposed of with a direction to respondent No. 4– Tehsildar Baramulla to take a final call upon the report dated 06.05.2025 (Annexure-VII), strictly in accordance with law and pass a speaking order within a period of four weeks’ from the date a copy of this order along with writ petition and annexures are made available to the respondent No.4. 7. It is further directed that a copy of the consideration order, once passed, be forwarded to the petitioner through registered post. 8. The writ petition, along with the connected miscellaneous application/s, stands disposed of in the above terms. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 21-07-2025 Mubashir