Syed Afaq Meraj v. Union Territory of J and K and Ors. (Revenue)

ORDER

22.09.2025

¶1Heard.

¶2Through the medium of the instant petition filed under Article 226 of the Constitution of India, the petitioner has sought the issuance of writs/directions in the nature of mandamus for commanding upon the respondents, especially respondent No. 3 to demarcate his land measuring 32 kanals 10 marlas falling under Khata No. 1583, Khewat No. 362/102 min, Khasra No. 2826/ 1274/ 2872/ 2, Khewat No. 368/101, Khata No. 1572/620 and Khasra No. 1347/1274/2872/2, Khewat No. 368/101, Khata No. 1581/627, Khasra No. 1280/287/2 and Khewat No. 363, Khata No. 1512 and Khasra No. 2826/1272/287/2, situated at Mouza Bakura Ganderbal, Kashmir; to protect his land from any encroachments at the hands of land mafia/land grabbers of the area and to issue the fresh revenue extracts in his favour pertaining to his land.

¶3The case of the petitioner in nutshell is that he has landed estate situated at Ganderbal to the extent of 32 kanals 10 marlas falling under

Khata No. 1583, Khewat No. 362/102 min, Khasra No. 2826/ 1274/ 2872/ 2, Khewat No. 368/101, Khata No. 1572/620 and Khasra No. 1347/1274/2872/2, Khewat No. 368/101, Khata No. 1581/627, Khasra No. 1280/287/2 and Khewat No. 363, Khata No. 1512 and Khasra No. 2826/1272/287/2. That he, in order to protect his land, approached Deputy Commissioner and Tehsildar concerned for the purpose of demarcation of the said land so as to enable him to lay a concrete boundary wall around his land as his said property is being encroached by the land grabbers. That he also requested the respondents to issue revenue extract/fard, but despite waiting for a long time, same was not issued in his favour. That the demarcation sought by him was not also conducted by the respondents. That he has been constrained to approach this Court for vindication of his legal rights due to the inaction on the part of the respondents.

¶4The learned counsel for the petitioner submitted that matter can be disposed-of at this threshold stage by passing of such appropriate directions which are not likely to prejudice the rights and interests of any third party.

¶5In the facts and circumstances of this case, this Court is of the opinion that, as submitted by the learned counsel for the petitioner, the matter can be disposed of at this stage by passing of such appropriate directions which are not likely to prejudice the interests of any other party.

¶6Accordingly, the instant petition is disposed of at this threshold stage with a direction to the respondents, more especially respondent Nos. 3 and 5, to issue the revenue extracts in favour of the petitioner, in accordance with the rules and regulations and as per the record, and to

also address his application for demarcation of the same provided he proves to be the lawful owner and possessor of the same.

¶7Disposed of.

8.

(MOHD YOUSUF WANI) JUDGE SRINAGAR

22.09.2025 "Shahid Manzoor"

Serial No. 17 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2285/2025 CM(6043/2025) Syed Afaq Mehraj …Petitioner(s)/Appellant(s). Through: Mr. Aadil Maroof Mohammad, Advocate. Vs. Union Territory of J and K and Ors. ...Respondent(s) Through: CORAM: HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.