HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1713/2026 CM No. 3797/2026 Decided on:05.06.2026. Uploaded on: 05.06.2026. Mohd. Ayub Shah S/O Late Hidayat Shah, R/O village Bajwal, Tehsil Sunderbani, District Rajouri .....Applicant(s)/Petitioner(s) Through :- Mr. A M Malik, Advocate. v/s 1. Union Territory of Jammu & Kashmir through its Commissioner/Secretary to Govt. Revenue Department, Civil Secretariat, Jammu/Srinagar. 2. The Divisional Commissioner, Jammu. 3. The Deputy Commissioner, Jammu. 4. The Tehsildar, Sunderbani. 5. The Brigade Commander, Station HQ 28 Infantry Brigade Sunderbani C/O 56 APO .....Respondent(s) Through :- Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG for R-1 to 4. Mr. Eishaan Dadhichi, CGSC for R-5. CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 05.06.2026 1. By this petition, petitioner herein has sought a direction upon respondents 1 to 4, to take immediate and effective action on the basis of the report dated 25.05.2026 and remove the illegal fencing and encroachment raised by respondent No.5 over land falling under Khasra No.2784 measuring 5 kanals and 08 marlas situated at Village Bajwal, Tehsil Sunderbani, District Rajouri. 2. Learned counsel for the petitioner states that respondents, on the basis of report dated 25.05.2026 submitted by Patwari Halqa Bajwal, who had conducted spot inspection, have noticed that the fencing/barbed wire has been Sr. No. 131 2 installed by the Defense Department at Khasra No.2784, which is situated at the east of Peer Baba. 3. He further states that petitioner has made many representations before respondents 1 to 4 but till date, no heed has been paid to the representations being made by the petitioner. 4. He further states that petitioner would feel satisfied if the instant petition is disposed of with a direction to respondents to consider the report submitted by Patwari Halqa Bajwal and also to consider the representation dated 02.06.2026 submitted by the petitioner before respondents 1 to 4, within a reasonable period of time. 5. Learned counsel appearing for the respondents 1 to 4 states that she is not averse to the proposition being made by learned counsel for the petitioner. 6. Learned counsel appearing for respondent No.5 states that if respondents 1 to 4, herein intend to have fresh demarcation, respondent No.5 wants to be associated with it. 7. Be that as it may, the instant petition is disposed of with the direction to the respondents 1 to 4 to conduct fresh demarcation in the presence of the petitioner and respondent No.5 and after receiving the demarcation report, shall consider the representation dated 02.06.2026 submitted by the petitioner, within a period of four weeks from today, by passing a speaking order. 8. Disposed of, accordingly. (Moksha Khajuria Kazmi) Judge JAMMU 05.06.2026 Raj Kumar Raj Kumar 2026.06.05 17:38 I attest to the accuracy and integrity of this document