Bilal Ahmad Itoo v. Union Territory of J and K and Others (Revenue)

ORDER

19.09.2026

¶01Learned counsel for the petitioner submits that the petitioner has preferred an application before the Assistant Commissioner (Revenue), Kulgam for demarcation of the land measuring 53 marlas comprised under Survey Nos. 573, 500, 467 and 470 under Khewat No. 42, besides the other parcels detailed in the application for demarcation.

¶02Pursuant to the application preferred by the petitioner on

13.06.2026, the Deputy Commissioner, Kulgam through Assistant Commissioner (Revenue), Kulgam, constituted a demarcation team of the following officers/officials, under the supervision of Naib Tehsildar, Kulgam to carry out the demarcation of the land in question:

Mr. Rayees Ahmad Nalk

Girdawar, Kulgam

Mr. Reyaz Ahmad Malik

Patwari, Srandoo

Mr. Tufail Illahi Shah

Patwari, Amnoo

¶03While passing the aforesaid order, the team so constituted has been called upon to: • Undertake the demarcation of the land within seven

(07) days from the date of issuance of this order.

• Ensure the presence of all concerned parties at the time of demarcation • Proceed with the demarcation only after verifying that the prescribed demarcation fee, as applicable to the extent of land Involved, has been deposited through the designated portal. • Proceed only after ensuring that no court directions are pending from any civil court and the case is not sub judice. • Submit a detailed demarcation report to this office immediately upon completion of the exercise.

¶04Learned counsel, relying upon the aforesaid order, submits that the demarcation of the land in question was to be carried out by the demarcation team within seven days from the date of issuance of the order, by ensuring the presence of all the concerned parties at the time of demarcation. In addition, Tehsildar, Yaripora was also directed to ensure the presence of Patwari concerned along with the relevant revenue records pertaining to estate Hangalbuch at the site on the scheduled date of demarcation.

¶05The learned counsel for the petitioner submits that in spite of the fact that the order was issued on 01.07.2026, yet the same has not been implemented despite the fact that the demarcation so ordered, ought to have been carried out within seven days from the date of issuance of the said order.

¶06After arguing for a while, learned counsel for the petitioner submits that he would be satisfied in case if the instant petition is disposed of at this stage by directing the demarcation team so constituted, to carry out the demarcation of the land in question in conformity with the aforesaid order within two weeks from today, in case if the demarcation has not been carried out as on date.

¶07Issue notice to the respondents.

¶08Mr. G. N. Sofi, learned Deputy Advocate General who waived notice on behalf of respondents, is not averse to the said proposal.

¶09Since an innocuous prayer has been made by the learned counsel for the petitioner, no fruitful purpose would be served to keep this petition pending, as such, with the consent of the learned counsel for the parties, the instant petition is taken up for final disposal at this stage and the same is accordingly disposed of with a direction to the respondent Nos. 2 and 3 to carry out the demarcation of the land in question, the details of which have been given in the preceding paras, within a period of two weeks from today, strictly in conformity with the order passed by the Assistant Commissioner (Revenue), Kulgam, dated 01.07.2026, which has been placed on record as Annexure-IV, after ensuring the presence of all the concerned parties at the time of demarcation, subject to the condition that the demarcation shall be carried out only after verifying that the prescribed demarcation fee as applicable to the extent of land involved, has been deposited through the designated portal by the petitioner. The demarcation shall be carried out in case if there is no other legal impediment or direction by any civil court to the contrary.

¶10In addition, it is also made clear that while carrying out the demarcation, Tehsildar concerned shall ensure the presence of Patwari concerned at the site along with the relevant records.

¶11Writ petition is accordingly disposed of along with connected CM(s) in the manner indicated above.

(WASIM SADIQ NARGAL)

JUDGE

SRINAGAR:

19.09.2026

"Hamid"

Abdul Hamid Bhat authenticity of this document

Serial No.29 Supplementary Cause List-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2355/2026 CM(6403/2026) BILAL AHMAD ITOO …PETITIONER(S) Through: Mr. Mir Manzoor Ahmad, Advocate. V/s. UNION TERRITORY OF J&K AND ORS. ...RESPONDENT(S) Through: Mr. G. N. Sofi, Dy. AG. CORAM: Hon'ble Mr. Justice Wasim Sadiq Nargal, Judge.