Serial No. 126 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1624/2026 CM(4245/2026) MOHD AYUB MALLA …Appellant(s)/Petitioner(s) Through: Mr. Ruaani Ahmad Baba, Advocate Vs. UNION TERRITORY OF J AND K (REVENUE) AND OTHERS ...Respondent(s) Through: None CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 14.07.2026 1. By this petition, petitioner herein is seeking direction upon respondents not to dispossess him from land measuring 12 Kanals falling under Survey No. 1 situated at village Aglar, Tehsil & District Shopian, except strictly in accordance with the procedure established by law and after following the provisions of the Jammu and Kashmir Eviction of Unauthorized Occupants (from Common Lands) Scheme, 2011, while adhering to the principles of natural justice. 2. Learned counsel for the petitioner submits that the petitioner is an agriculturist who derives his livelihood from agriculture and horticulture and has been in peaceful possession of the land measuring 12 Kanals situated at Village Aglar, Tehsil and District Shopian, for several decades. It is further submitted that respondent No. 3 is attempting to dispossess the petitioner from the aforesaid land without adhering to the mandatory procedure prescribed under law. 3. Learned counsel for the petitioner has placed reliance upon the judgment of the Hon'ble Supreme Court in Jagpal Singh & Ors. v. State of Punjab & Ors., wherein the Hon'ble Supreme Court directed all the State Governments and Union Territories to formulate an appropriate mechanism governing eviction from common lands while ensuring adherence to the principles of natural justice. Pursuant thereto, the Government of Jammu and Kashmir, vide Government Order No. Rev/Lit/218 of 2011 dated 28.11.2011, formulated a scheme, wherein it is prescribed that before initiating eviction proceedings under the Scheme, the concerned Revenue Officer shall issue a show-cause notice to the alleged unauthorized occupant, requiring him to explain why eviction proceedings should not be initiated against him and to produce an affidavit and documentary evidence in support of his claim.. 4. Learned counsel for the petitioner submits that the petitioner herein would feel satisfied if the instant petition is disposed of with a direction to Respondent No. 3- Deputy Commissioner, Shopian not to dispossess the petitioner from the aforesaid land, without following due procedure established under law. 5. Be that as it may, the instant petition is disposed of at its threshold, with a direction to respondent No. 3 not to evict the petitioner from the land measuring 12 Kanals situated at Village Aglar, Tehsil and District Shopian, except by following the due procedure of law, particularly the procedure prescribed under Government Order No. Rev/Lit/218 of 2011 dated 28.11.2011, provided there is no legal impediment. 6. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 14.07.2026 “Adil Ismail”