MUBASHIR AHMAD SHAH AND ORS. v. STATE OF J AND K AND ORS. (REVENUE DEPARTMENT)
OWP/1557/2018 · 2025-02-19
Rahul Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9497 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9497 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 10 Regular List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
OWP No. 1557/2018 Mubasahir Ahmad Shah and others …Petitioner(s)/appellant(s) Through: Mr. Yasir Nabi, Adv. vice Mr. Mehreen Altaf, Advocate Vs. State of JK and others ...Respondent(s) Through: Mr. Satinder Singh, AAG CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
O R D E R 19.02.2025
1. On the pretext of issuance of an inter-se communication between Jammu & Kashmir Lakes and Waterways Development Authority, Srinagar and the Tehsildar North, Srinagar on the subject of undertaking an anti-encroachment/demolition drive and identification of illegal constructions, the petitioners came forward petitioning to this court assailing a Communication No. LDA-06/1596-98 dated 18.07.2018 which by no stretch of imagination and reference can be said to be aimed against the petitioners or for that matter their alleged building premises which by reference to the sale deeds the petitioners have said to have acquired the land site underneath. So much so, while the communication of the Jammu & Kashmir Lakes and Waterways Development Authority is being impugned but J&K Lakes and Water Development Authority is left out to be named as a party respondent in the writ petition and instead the entire Kashmir Division Administration beginning from the Financial Commissioner, Revenue
Jammu & Kashmir, the Divisional Commissioner, Kashmir, the Deputy Commissioner Srinagar and the Tehsildar North, Srinagar came to be impleaded. Thus, the object of the writ petition is other than what the pretext of the writ petition by reference to impugned communication No. LDA-06/1596-98 dated 18.07.2018 was stated to be.
2. The writ petition is dismissed on account of non-impleadment of a necessary party that being the Jammu & Kashmir Lakes and Waterways Development Authority, Srinagar whose communication is sought to be given a hit by the petitioners through the medium of this petition. Accordingly, Jammu & Kashmir Lakes and Waterways Development Authority, Srinagar is left free to deal with the encroachment related drive as intended in terms of communication No. LDA-06/1596-98 dated 18.07.2018.
3. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR 19.02.2025 ARIF