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2026 DAILYLAW 901 (JK)

MOHAMMAD YOUSUF KAWOOSA AND ORS v. UNION TERRITORY OF J AND K (REVENUE) AND OTHERS

WP(C)/938/2026 · 2026-04-29

M A Chowdhary

Writ Petition (Civil)body2026

Judgment text

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Serial No. 174 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 938/2026 CM(2452/2026) 1. Mohammad Yousuf Kawoosa, Aged 83 Years S/O Mohammad Yasin Kawoosa 2. Mehmooda, Aged 79 Years W/O Mohammad Yousuf Kawoosa 3. Shafiya Nazir, Aged 50 Years W/O Waseem Yousuf Kawoosa All residents of Hilalabad, Qamarwari, Srinagar …Appellant(s)/Petitioner(s) Through: Mr. Bilal Ahmad Khan, Advocate Vs. 1. Union Territory of J&K, through Commissioner/ Secretary to Government Revenue Department, Civil Secretariat, Srinagar/Jammu 2. Divisional Commissioner, Kashmir, Srinagar 3. Deputy Commissioner, Srinagar 4. Vice Chairman, Lakes Conservation & Management Authority (erstwhile LAWDA), Miskeen Bagh, Khanyar, Srinagar 5. Secretary, Lakes Conservation & Management Authority (erstwhile LAWDA) Miskeen Bagh, Khanyar, Srinagar 6. Inspector General of Central Reserved Police Force (CRPF) Camp Brein, Nishat, Srinagar ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE. ORDER 29.04.2026 1. Petitioners, claiming to be owner in possession of land measuring 7 Kanals, 7 Marlas and 103 Sft, situated at Brein Nishat, Tehsil Khanyar, District Srinagar, comprising of Khasra Nos. 4399/2404, 3409, asserting that they intended to raise construction of residential house on the subject land and alleged that the approach path to the subject land has been blocked by the respondent No. 6 – Central Reserve Police Force (CRPF), which has a camp in the adjacent land. 2. The petitioners further submit that they have approached the revenue authorities for removal of the encroachment, but no action has been taken. 3. Learned counsel for the petitioners submits that the petitioners would be satisfied, if the present petition is disposed of at this stage with a direction to respondent Nos. 1 to 3 to ensure removal of encroachment, thereby providing ingress and egress to the petitioners’ land, so as to enable them to construct the residential house on their proprietary land. 4. In view of the pleadings, submissions urged at the Bar and the innocuous prayer made by learned counsel for the petitioners, the present petition is disposed of, at this motion stage, without any expression on the merits of the case, with a direction to respondent Nos. 1 to 3 to treat this petition as representation, and consider the same for removal of the alleged blockade created by way of CGI Tin Sheets placed by respondent No. 6 on the pathway leading to the proprietary land of the petitioners. Respondents are directed to complete the exercise expeditiously, preferably within a period of two months, in accordance with law. 5. The petition is, accordingly, disposed of in the above terms. (M. A. CHOWDHARY) JUDGE SRINAGAR: 29.04.2026 “Adil Ismail”