IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP (C) No. 2260/2021
CM No. 7301/2021
Mohammad Sultan Bhat & Ors. ...Petitioner/applicant(s)
Through: Mr. Asif Ahmad Bhat, Advocate.
V/s
U.T. of J&K & Ors. ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
ORDER
08.11.2021
Grievance of the petitioner is that despite approaching the Dy. Commissioner, Baramulla through representations, annexure-II and annexure IV to the writ petition for removal of illegal encroachment on the Khachar-i-Charie land falling under Khasra No. 3399 of village Tapper Bala, Varipora, Pattan, Baramulla, no action has been taken by the respondent-authorities. It is also urged that an application was also moved to the Divisional Commissioner, Kashmir and in this regard the Divisional Vigilance Officer, Additional Commissioner, Kashmir addressed a communication dated 20.09.2021, to Sub-Divisional Magistrate, Pattan for removal of illegal encroachment within seven days and directed for filing the action taken report with proof in the form of videography through a special messenger, however, no action has been taken till date leaving no option for the petitioner but to file the present writ petition.
Heard learned counsel for the petitioner and having regard the averments made in the writ petition, this writ petition is disposed of with a direction to the respondent-authority to preserve the Khachari-iCharie land from illegal encroachment falling under survey No. 3399 situated in Tapper Bala, Varipora, Pattan, Baramulla, keeping in mind the Judgment of the Hon'ble Supreme Court in a case titled Jagpal Singh & Ors. v. State of Punjab & Ors on 28th January, 2011. Disposed of.
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