WP(C) 2552/2022 P a g e | 1 S.No. 58 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2552/2022 VILLAGERS OF NAGINDER PAMPORE …Petitioner(s)/Appellant(s) Through: Mr. Mohammad Ashraf Bhat, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Mr. Alla Ud Din Ganai, AAG Mr. Rouf Parray, Advocate CORAM:HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI,JUDGE ORDER 13-08-2025 1. Petitioners, through the present writ petition filed under Article 226 of the Constitution of India, seek a writ of mandamus commanding the respondents not to allow any person or authority to raise any construction on the Kahcharai land falling under Khasra No. 115 and Khewat No. 24 situated at Naginder Village, Pampore, District Pulwama, and a writ of prohibition restraining respondent No. 4 from constructing any building on the said kachari land. 2. The brief facts, as pleaded in the petition, are that Village Naginder, Pampore, District Pulwama, has Kahcharai land under Khasra No. 115 and Khewat No. 24 measuring 31 kanals and 19 marlas, in the shape of Labroo, preserved for domestic animals of the villagers. The village has about 96 cholas, 300 cattle, and 200 sheep, the land has been used for grazing since decades. 3. It is alleged that respondents 1 and 2 are permitting respondent No. 4 to extend the construction of another school building at Village Naginder over the said Kahcharai land in violation of rules and WP(C) 2552/2022 P a g e | 2 regulations. Aggrieved by this inaction, the villagers approached respondent No. 2 with a representation seeking stoppage of the construction. On 01.01.2022, respondent No. 2 forwarded the representation to the Tehsildar Pampore for examination and necessary action as per norms. However, no action was taken thereby compelling petitioners to approach this Court. 4. This Court, vide order dated 17.09.2022, directed the respondents not to raise any construction over the Kahcharai land falling under Khasra No. 115 and Khewat No. 24, situated at Naginder, Pampore, District Pulwama. 5. The respondents 1 to 3 have filed their reply, stating that in compliance with the order dated 17.09.2022, the Tehsildar Pampore was directed to provide a detailed factual report. The report of the Tehsildar reveals that Government High School Zaintrag stands constructed long back over Survey No. 120, recorded as State Land, and that the construction of another school building is over Survey No. 118, also recorded as State Land, over which the Government has complete dominion. It is further contended that the petitioners have no right or authority to interfere with construction on State Land. 6. Mr. Alla Ud Din Ganai, learned AAG for the official respondents, submits that the construction has been raised on State Land recorded under Survey No. 118 and not on Survey No. 115, which is the Kahcharai land claimed by the petitioners. He further states that the respondents do not oppose the prayer of the petitioners to restrain any person or authority from raising construction on the WP(C) 2552/2022 P a g e | 3 Kahcharai land under Khasra No. 115 and Khewat No. 24, Naginder, Pampore, District Pulwama. 7. In view of the above, the writ petition is disposed of with a direction to the respondents not to permit any construction on the Kahcharai land under Khasra No. 115 and Khewat No. 24, situated at Naginder, Pampore, District Pulwama, without adopting due procedure of law. 8. Disposed of accordingly. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 13-08-2025 Mubashir