Sukhdev Singh and Others v. Ut of J and K Th Commissioner Secretary, Revenue Department, Jammu and Others

ORDER

29.08.2025

ORAL

¶1The petitioners, through the medium of instant petition, have sought following reliefs:- a) Writ in the nature of Mandamus directing respondent Nos. 1 to 4 to demarcate and define the boundaries of petitioners' immovable property being land measuring 88 Kanals and 07 marlas under Khasra No. 449, 449 min and 6 Kanals and 11 Marlas under Khasra No. 450, 450 min and 441 min situated at Village Manda, Tehsil Akhnoor, District Jammu by exercising powers in terms of Section 94 and 95 of the J&K Land Revenue Act, 1996. b) With further direction to the respondent Nos. 1 to 4 to remove any encroachment in terms of Section 95 of the J&K Land Revenue Act, 1996. c) Or for issuance of any writ or direction which this Hon'ble Court deems fit and proper may kindly be granted in the favour of the petitioners in the interest of justice.

¶2Mr. P. N. Goja, learned senior counsel appearing along with Mr. Abhinav Jamwal, Advocate on behalf of the petitioners submits that the petitioners shall feel satisfied in the event a direction is issued to the respondent Nos. 1 to 4 to demarcate and define the boundaries of petitioners' immovable property, details whereof finds mention in the prayer clause of the instant petition within some reasonable time period. Serial No. 119

2 WP(C) No. 2364/2025

¶3Issue notice to the respondents.

¶4Ms. Monika Kohli, learned Senior AAG waives notice on behalf of the respondents. She submits that she is not averse to the prayer made by the counsel for the petitioners, provided there is no other legal impediment.

¶5Heard learned counsel for the parties and perused the record.

¶6In light of the innocuous prayer made by the learned counsel for the petitioners in the instant petition, this Court deems it appropriate to dispose of the same at the very threshold by directing the respondent Nos. 1 to 4 to carry out the demarcation process by constituting a team of Revenue Officials and by notifying the date of such demarcation to the petitioners and other stakeholders within a period of two weeks from today and thereafter carry out the demarcation of the land in question within a period of four weeks, strictly in consonance with the provisions of the J&K Land Revenue Act.

¶7It is further made clear that if it is found after the said demarcation that there is any encroachment with respect to the proprietary land of the petitioners, then the respondent Nos. 1 to 4 shall be at liberty to remove the said encroachment strictly in conformity with the provisions of Section 95 of the J&K Land Revenue Act, 1996.

¶8Disposed of along with the connected application.

(WASIM SADIQ NARGAL)

JUDGE

Jammu

29.08.2025 Sahil Padha

Whether the order is speaking: Yes/No.

Whether the order is reportable: Yes/No.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2364/2025 CM No. 5469/2025 Sukhdev Singh and others …..Appellant(s)/Petitioner(s) Through: Mr. P. N. Goja, Sr. Advocate with Mr. Abhinav Jamwal, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG. Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE