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2026 DAILYLAW 3783 (JK)

HAJI ABDUL RASHID MALLA v. UNION OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS) AND OTHERS

WP(C)/2524/2026 · 2026-10-06

Sanjay Parihar

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 162 Suppl Cause List-1 INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2524/2026 CM(6841/2026) HAJI ABDUL RASHID MALLA …Appellant(s)/Petitioner(s) Through: Mr. N. A. Tabassum, Advocate with Mr. Idrees Ahmad, Advocate Vs. UNION OF INDIA (MINISTRY OF ROAD TRANSPORT AND HIGHWAYS) AND OTHERS ...Respondent(s) Through: Mr. T. M. Shamsi, Sr. Advocate, DSGI with Ms. Yasmeen Jan, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 06.10.2026 1. It is submitted by the counsel for the petitioner that in terms of the revenue record the land under khasra No. 1922 of village Khanpora Tehsil and District Baramulla measuring 07 kanals and 03 marlas, though is recorded as “Shamilat-I-Deh”, but the petitioner is holding its possession because he is a co-sharer of the land which is in the village vicinity, therefore, hold the title and possession, over the said land under khasra No. 1922, which according to the respondent had come under the road alignment.It is submitted that the respondent are not proceeding with payment of compensation on the ground that there is a dispute of ownership. 2. It is submitted that this petition can be disposed of by directing the respondent to consider the case of the petitioner in the light of available revenue record and after providing a right of hearing and further that the revenue authority may in the process of verification also examine the title of the petitioner over the land because in terms of the certificate of title declaration issued by the revenue authority, there is no dispute with regard to the title of the petitioner but the respondents are not considering it. 3. Having regard to the submissions made at bar, this petition is taken up at the admission stage and is disposed of by directing the respondents to treat the petition along with documents annexed thereto as a representation of the petitioner and proceed to consider and dispose it of in accordance with law after providing reasonable opportunity of being heard which consideration shall be effected within three months. 4. Disposed of as above along with connected CM(s). 5. Copy of the order along with the complete paper book shall be placed before the respondent No. 2, Deputy Commissioner/District Collector (Competent Authority land Acquisition) Baramulla for consideration and disposal in accordance with law. (SANJAY PARIHAR) JUDGE Srinagar 06.10.2026 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 08.10.2026 12:41