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2026 DAILYLAW 2934 (JK)

RAJ SINGH v. UT OF J AND K TH COMMISSIONER SECRETARY, PUBLIC WORKS (R AND B) DEPARTMENT, JAMMU AND OTHERS

LPA/191/2026 · 2026-09-14

Sanjeev Kumar, Shahzad Azeem

Writ Petition (Civil)body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 191/2026 In WP(C) No. 890/2026 CM No. 6353/2026 Cav No. 1993/2026 Raj Singh …..Appellant(s)/Petitioner(s) Through: Mr. Nitin Bhasin, Advocate vs UT of J&K & Ors. .…Respondent(s) Through: Ms. Monika Kohli, Sr.AAG with Ms. Priyanka Bhat, Advocate Mr. Ravinder Gupta, AAG Mr. Manik Bhardwaj, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER (14.09.2026) Impugned in this intra court appeal is an interim order dated 09.07.2026, passed by a learned Single Judge of this Court [“Writ Court”] in WP(C) No. 890/2026, whereby the Writ Court has directed the Deputy Commissioner, Reasi to depute a senior revenue officer for spot inspection and furnish a report to the Court. It is further provided in the order that in case the construction being raised by respondent No.7, is found to be on the land beyond the land measuring 3 kanals donated by the appellant, the official respondents shall follow the acquisition proceedings and award compensation as applicable. Briefly put, the case set up by the appellant before the Writ Court is that, though, he has donated 3 kanals of land for construction of the school, however, Serial No. 06 official respondents along with respondent No.7, are raising construction on the land beyond the donated land of 3 kanals. With a view to sort out the factual dispute, the Writ Court has very aptly directed the Deputy Commissioner, Reasi to depute a senior officer for spot inspection and to find out exactly the land, which is under construction. The Writ Court has protected the interest of the appellant by providing further that in case, upon spot inspection, it is found that respondents are raising construction on the land beyond donated 3 kanals of land, the official respondents shall follow the acquisition proceedings. Since, interim order passed by Writ Court protects the interest of the appellant and is necessary to maintain equilibrium. It does not call for any interference by this Court. This appeal is found to be devoid of any merit, hence, dismissed. (SHAHZAD AZEEM) (SANJEEV KUMAR) JUDGE JUDGE Jammu 14.09.2026 Sapna