WP(C)/3186/2026 of SAHIL MAHAJAN AND ANOTHER Vs UT OF J AND K TH. COMMISSIONER SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, JAMMU AND OTHERS on 5 October 2026

1. Sahil Mahajan S/o Sunny Gupta R/o House No. 62/AD, Gandhi Nagar, Jammu.

2. Harinder Singh S/o Janak Raj Gupta R/o House No. 62/AD, Gandhi Nagar, Jammu. Date of pronouncement: 05.10.2026 Date of uploading: 05.10.2026 …..Petitioner(s)

Through: Mr. Rajat Jamwal, Advocate

Vs

1. UT of J&K through its Commissioner/Secretary, Industry and Commerce Department, Jammu.

2. Managing Director, J&K State Industrial Development Corporation Ltd. (SIDCO)

3. Deputy Commissioner/District Magistrate, Samba.

4. Tehsildar, Bari-Brahmana, Samba.

5. The General Manager J&K SIDCO, Bari- Brahmana.

.…. Respondent(s)

Through: Ms. Sagira Jaffar, Advocate vice Mrs. Monika Kohli, Sr. AAG for R-3 & 4

Coram: HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE

ORDER (ORAL) 05.10.2026

1. The petitioners have come up with a short grievance that they are owners in possession of land measuring 14 Kanals 12 Marlas, falling under Survey No. 1733-min, Khata No. 1043, Khewat No. 266, situate at Revenue Village Birpur, Tehsil & District Samba. The submission of the petitioners is that the respondents have without adopting due procedure of law started dumping construction material over the said site and, despite they have Sr. No. 145

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filed a representation for proper demarcation of land, no action has been taken so far.

2. Learned counsel for the petitioners submits that he would be satisfied, in case the respondents are directed to demarcate the land and thereafter proceed in accordance with law.

3. At this stage, Ms. Sagira Jaffar, Advocate vice Mrs. Monika Kohli, learned Senior AAG appeared for respondent Nos. 3 and 4, and is not averse to the prayer made by learned counsel for the petitioners.

4. With the consensus of the parties, petition is disposed of with a direction to the respondents, particularly respondent No. 4, to proceed into the matter strictly under Chapter IX of the Land Revenue Act, Svt. 1996 and, after carrying out proper demarcation, proceed strictly in accordance with law.

5. Disposed of, accordingly.

(Shahzad Azeem) Judge Jammu 05.10.2026 Mihul

Whether the order is reportable?

Yes/No

Whether the order is speaking?

Yes/No Mihul Singh 2026.10.05 14:01