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2026 DAILYLAW 4 (JK)

ALI MOHD WANI v. UNION TERRITORY OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS

WP(C)/3/2026 · 2026-01-12

Sanjay Parihar

Writ Petition (Civil)body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3/2026 CM No. 1/2026 Ali Mohd. Wani …. Appellant(s)/Petitioner(s) Through: Mr. M. K. Sharma, Advocate vs UT of J&K and Ors. .…. Respondent(s) Through: Ms. Priyanka Bhat, Advocate vice Mrs. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 12.01.2026 1. After some arguments, learned counsel for the petitioner was confronted with the issue as to whether the present petition, in its existing form, is maintainable, particularly in view of the fact that the demarcation could not be undertaken by respondent No. 3, i.e., the Tehsildar, Gool, owing to obstruction created by the private respondents. It was pointed out that, in such circumstances, the appropriate remedy available to the petitioner was to approach the Revenue Authorities. 2. In this backdrop, learned counsel for the petitioner submits that the grievance of the petitioner would stand adequately redressed if a direction is issued to respondent Nos. 2 and 3 to conduct the demarcation of land measuring 3 Kanal falling under Khasra No. 308. It is stated that the proposed demarcation scheduled on 28.06.2025 could not be carried out due to a dispute between the parties at the spot, as a result of which the Revenue Authorities were unable to proceed with the demarcation. It is further submitted that on 20.12.2025, the petitioner had also moved a Serial No. 13 2 WP(C) No. 3/2026 representation before respondent No. 3 seeking demarcation of the land with police assistance, as there was obstruction from the other side. 3. Having regard to the nature of the controversy involved, it is noticed that respondent No. 4, pursuant to Online Application No. 19650610202421501963, had proceeded to the spot for conducting demarcation of the land measuring 3 Kanal falling under Khasra No. 308 situated at Village Dalwah, Tehsil Gool, District Ramban. However, due to disturbance created by both the parties, the demarcation could not be undertaken. This clearly indicates that the petitioner only seeks demarcation of his land, that too in the presence of both sides. 4. In view of the above, the present petition is disposed of with a direction to respondent Nos. 2 to 4 to conduct demarcation of land measuring 3 Kanal falling under Khasra No. 308, Khewat No. 105 and Khata No. 261, situated at Village Dalwah, by way of spot inspection through the Revenue officials in the presence of both the parties. Respondent No. 2 shall ensure that the demarcation is conducted strictly in accordance with law and in the presence of both sides and, if required, once the report is reached out the contesting parties have all the liberty to raise objection on the merits of the demarcation report before higher revenue officials. 5. The petition is disposed of in the aforesaid manner. (SANJAY PARIHAR) JUDGE Jammu 12.01.2026 Neha-II