Sr. No.1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(D)/55/2023 MOHINDER PAL SINGH AND ORS. …Petitioner(s)/appellant(s) Through: Mr. Umbisaat Liyaqat, Advocate vice Mr. M.A. Wani, Advocate Vs. ABHIJEET BHANAWAT AND ORS. (DEFENCE ESTATES) ...Respondent(s) Through: Ms. Rehana Qayoom, Advocate vice Mr. T.M. Shamsi, DSGI. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 31-07-2025 Learned counsel for the respondents, at the outset, has drawn the attention of the Court to the statement of facts/compliance report dated March 26, 2024, particularly the averments set out in the paragraph 4 thereof:- “4. In reply to the contents of Paragraph No. 6, it is submitted that in compliance of the directions passed by this Hon'ble Court in terms of Order dated 23rd of December, 2022, the Deputy Commissioner Baramulla, vide letter No DCB/ARA/455-Bla/Order/1155-1160 dated 20th of January, 2023, constituted a committee for demarcation of land in question. Thereafter, the Tehsildar, Baramulla, vide order No Teh/Bla/OQ 2882-1/2023 dated 25th of February, 2023, fixed the date for joint demarcation. The joint demarcation was carried out by revenue authorities in association with the representative of the answering Respondents, wherein it emerged that the Survey No. 804 situated in Estate Ushkara is recorded as 16 Kanals and 16 Marlas as per the records. The boundaries of the said survey number were identified properly as per 'Aks-e- Shajra' and proper demarcation measurement was made on spot and it was found that land measuring 12 Kanals and 18 Marlas out of said survey number has been found under the occupation of the Army, 12 Marlas under road, 06 Marlas under Garage and 10 Marlas under possession of Samuna Bilal W/O Bilal Ahmed Ganai, as such, the total area of Khasra No. 804 culminated as 14 Kanals and 06 Marlas on spot, instead of 16 Kanals and 16 Marlas, so the difference of 02 Kanals and 10 Marlas were found in records at site. Thereafter, in order to clarify the position, the 'Aks-e-Shajra' of 1959-60 of Survey No. 804 was measured through proper field book and the area of said survey number was found only as 14 Kanals and 06 Marlas as per measurement of map, therefore, the calculation of the 'Aks-e-Shajra' of the said Survey No. 804 and the spot position is the same, i.e., 14 Kanals and 06 Marlas. The calculation/ measurement of Survey No.804 as per map is enclosed herewith as ANNEXURE-I for kind perusal of this Hon'ble Court. That being so, the difference of the area of 'Aks-e-Shajra' and spot position is due to settlement error.” Faced with the stand set out above, learned counsel for the petitioners submits that he be permitted to withdraw the petition so as to enable the petitioners to avail such other remedies as shall be admissible in law as regards their concerns/grievances, if any. The petition is dismissed as withdrawn, with liberty as prayed for. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 31-07-2025 Aamir