MISRA BEGUM v. UNION TERRITORY OF J AND K AND OTHERS (REVENUE)
WP(C)/1885/2026 · 2026-08-07
Moksha Khajuria Kazmi
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 2596 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2596 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 141 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1885/2026 CM(5067/2026) MISRA BEGUM …Appellant(s)/Petitioner(s) Through: Mr. Bhat Khursheed, Advocate Vs.
UNION TERRITORY OF J AND K AND OTHERS (REVENUE)
...Respondent(s) Through: Mr. Alla ud din Ganai, AAG
CORAM:
HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER 07.08.2026
1. By this petition, petitioner herein has challenged order dated 10.04.2026 passed by respondent No. 5- Sub-Divisional Magistrate, Shopian and seek a direction upon respondents not to interfere with the peaceful possession, occupation and enjoyment of the petitioner’s proprietary land and residential house. The petitioner further seeks a direction for the eviction of the unauthorized occupants from the State/Kahcharie land and restoration of possession thereof.
2. Learned counsel for the petitioner has submitted that the impugned order has been passed without affording the petitioner an opportunity of being heard, thereby adversely affecting her rights and interests.
3. The petitioner has challenged the impugned order before this Court under Article 226 of the Constitution of India. However, she has an appropriate and efficacious alternative remedy available under the provisions of the Land Revenue Act, which she has not availed.
4. Learned counsel for the petitioner seeks permission to withdraw the instant petition, with liberty to approach the appropriate forum.
5. Mr. Alla-ud-Din Ganai, learned AAG, was directed to seek instructions as to whether, until the petitioner avails the appropriate remedy, her rights could be protected by Respondent Nos. 5 and 6. He has submitted at the Bar that Respondent Nos. 5 and 6 shall not take any coercive measures against the petitioner until she approaches the appropriate forum. His statement is taken on record.
6. Be that as it may, the instant petition is dismissed as withdrawn, with liberty to the petitioner to approach the appropriate forum within one week. Till then, Respondent Nos. 5 and 6 are directed not to take any coercive measures against the petitioner.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR: 07.08.2026
“Adil Ismail”