VILLAGERS OF DUPATHYAR BIJBEHARA v. STATE OF J AND K AND ORS REVENUE
OWP/2155/2018 · 2025-02-12
Rahul Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9791 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9791 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 07 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
OWP 2155/2018 VILLAGERS OF DUPATHYAR BIJBEHARA
…Petitioner(s)/Appellant(s) Through: Mr. Altaf Haqani, Sr. Advocate with Ms. Muneeba Rehman, Advocate Vs STATE OF J AND K AND ORS ...Respondent(s) Through: Mr. Satinder Singh Kala, AAG Mr. Furkaan Sofi, GA
CORAM:
HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE
ORDER 12.02.2025
1. This writ petition in a representative capacity came to be filed by the activists/villagers/residents of village Dupathyar, Bijbehara, District Anantnag, in order to preserve Kahcharai area comprising in Khasra No. 131 and also 138 of said village from suffering change of user to accommodate construction of some playing ground.
2. The Hon’ble Supreme Court of India in case titled “Jagpal Singh & Others vs State of Punjab & Others” 2011 (11) SCC 396 came forward with the prohibition and prescription that kahcharai reserved and recorded lands are not meant to be usurped in any manner whatsoever, in particular for the
purposes which are not relatable to agriculture and husbandry of a given village.
3. As such, the writ petition is allowed. Land comprised in khasra Nos. 131 and 138 are to be preserved in terms of their recorded status of being kahcharai area by the respondents.
4. Writ petition is disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR 12.02.2025 AAMIR
Amir Rashid Sofi I attest to the accuracy and authenticity of this document 15.02.2025 10:50