Udhay Chand Katoch and Others v. U T of J and K Th Commissioner Secretary Revenue Deptt and Others

ORDER (ORAL)

¶1By this petition, petitioners are seeking a direction upon the respondents to demarcate the land measuring 58 Kanals falling under Khasra No. 429 (40 Kanals), Khasra No. 430 (18 Kanals), land measuring 65 Kanals falling under Khasra No. 429-min (40 Kanals), Khasra No. 430-min (25 Kanals), situated at Village Lalyal, Tehsil Marh, District Jammu, owned by the petitioners and hand over the possession of the same to them.

¶2Reply stands filed by the respondents, wherein it is stated that the respondents have no objection to the prayer sought for by the petitioners with respect to demarcation of the land (supra), if granted adequate time. However, with regard to the prayer for handing over the possession of the land to the petitioner, it is stated that the land in question is recorded as Gair Mumkin Darya and is Sr. No. 40

covered under the J & K Water Resources (Regulation and Management) Act, 2010 and is deemed to be State Land and, as such, cannot be handed over to the petitioners.

¶3Learned counsel appearing on behalf of the petitioners submits that the petitioners would feel satisfied, if the instant petition is disposed of, by directing the respondents to demarcate the land abovementioned, within a reasonable period of time. He further submits that so far as the claim of the petitioners for handing over the possession of the land in question, the petitioners would feel satisfied, if some decision would be taken by the respondents, after demarcation and proper verification.

¶4Learned counsel appearing on behalf of the respondents is not averse to the proposition made by the learned counsel for the other side.

¶5In view of the above, the instant petition is disposed of, with the consent of learned counsel for both the sides, by directing the respondents, particularly Respondents 2 to 4, to demarcate the land measuring 58 Kanals falling under Khasra No. 429 (40 Kanals), Khasra No. 430 (18 Kanals), land measuring 65 Kanals falling under Khasra No. 429-min (40 Kanals), Khasra No. 430-min (25 Kanals), situated at Village Lalyal, Tehsil Marh, District Jammu, alleged to have been owned by the petitioners, within a period of four weeks, from the date of passing of this order and a decision, be taken by them, with regard to the ownership/status of the subject land, strictly in accordance with law, by passing appropriate orders,

which shall also be conveyed to the petitioners, within a period of one week, thereafter.

¶6Petitioners are also at liberty to approach this Court, if the cause survives, otherwise.

(Moksha Khajuria Kazmi) Judge

JAMMU

04.05.2026 Manan Whether the order is speaking : Whether the order is reportable :

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Pronounced on : 04.05.2026 Uploaded on : 05.05.2026 Udhay Chand Katoch and Others .....Applicant(s)/Petitioner(s) Through :- Mr. Jasvinder Singh, Advocate v/s UT of J&K and Others .....Respondent(s) Through :- Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE