UTTAM CHAND v. U T OF J AND K TH COMMISSIONER SECRETARY FOREST DEPTT AND OTHERS
WP(C)/1519/2023 · 2026-09-22
Rahul Bharti
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 3425 (JK) · dailylaw.ai ]
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[ 2026 DAILYLAW 3425 (JK) · dailylaw.ai ]
Judgment text
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WP(C) No. 1519/2023 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 1519/2023
Date of pronouncement: 22.09.2026 Date of uploading: 28.09.2026
Uttam Chand
.....Petitioner
Through :- Mr. Mohinder Kumar, Advocate with Ms. Monika Devi, Advocate
v/s UT of J&K & Ors. .....Respondents
Through :- Ms. Nazia Fazal, Advocate vice Mrs. Monika Kohli, Sr. AAG. Ms. Meenakshi Salathia, Dy. AG.
CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER 22.09.2026
1. As per the established revenue record, khasra Nos. 672/523/509 are ‘Shamlat Deh Malkan’ khasra numbers which are in cultivating possession of Jagtu, Uttam Chand and Punnu as co-sharers. 2. The area of aforesaid khasra numbers is 6 kanal 9 marlas. The nature of said land is agriculture. There is no reference or reflection that the aforesaid khasra numbers having anything to do with the Forest Department. 3. It is by reference to this parcel of land in the aforesaid khasra numbers that the petitioner came forward alleging that the Supplementary List I Serial No. 210
WP(C) No. 1519/2023
establishment/authority of the Forest Department is laying its claim vis-à-vis said land in the aforesaid khasra numbers and causing interference. 4. The respondents No. 1 to 5 came forward with their reply through Advocate- Mr. Vishal Bharti, learned Dy. AG. The reply is supported by an affidavit of the Divisional Forest Officer, Ramnagar, Forest Division, Ramnagar. 5. In the entire reply dated 02.08.2025, none of the respondents No. 1 to 5, in particular, the Divisional Forest Officer (DFO), Ramnagar, Forest Division, Ramnagar, has come forward with reference to khasra numbers in which the forest land is said to be located. 6. Admittedly, khasra Nos. 672/523/509 of village Ranga, tehsil Ramnagar and district Udhampur are not forest land, otherwise also, the revenue record would have reflected the same. 7. If respondents No. 1 to 5 are not aware of any khasra numbers on which their claim is that it is forest area khasra numbers, then the respondent No. 5 cannot be heard to say that the petitioner is laying his claim on forest land or intends to encroach the forest land. 8. The reply from the end of the respondent No. 6- the Deputy Commissioner, Udhampur and respondent No. 7- the Tehsildar Ramnagar, district Udhampur is also confirming the fact
WP(C) No. 1519/2023
that said khasra Nos. 672/523/509 measuring 6 kanal 9 marlas are Shamlat Deh land having no forest reference or relation. 9. The said two respondents are not referring to any related khasra numbers related to forest land. 10. In the light of the aforesaid position of facts, this writ petition is disposed of by issuing a writ of mandamus upon the respondents No. 1 to 5 not to interfere with khasra Nos.
672/523/509 of village Ranga, tehsil Ramnagar, district Udhampur in terms of its ownership, use and occupation related to co-sharers- Jagtu, Uttam Chand and Punnu. 11.
Disposed of.
(RAHUL BHARTI) JUDGE
JAMMU 22.09.2026 Sneha Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No