Jammu and Kashmir High Court
WP(C)/3118/2026 of MOHD SHAFI MALIK AND OTHERS Vs UT OF J AND K TH. COMMISSIONER SECRETARY REVENUE DEPARTMENT, JAMMU AND OTHERS on 29 September 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3118/2026 1. Mohd. Shafi Malik, Age 78 years S/O Abdullah 2. Mushtaq Ahmed Malik, Age 43 years S/O Mohd. Shafi Malik 3. Javed Ahmed Malik, Age 36 years S/O Mohd. Shafi Mailk 4. Mohd. Yousuf, Age 21 years S/O Late Abdul Ghani Malik 5. Abdul
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 3118/2026
1. Mohd. Shafi Malik, Age 78 years
S/O Abdullah
2. Mushtaq Ahmed Malik, Age 43 years
S/O Mohd. Shafi Malik
3. Javed Ahmed Malik, Age 36 years
S/O Mohd. Shafi Mailk
4. Mohd. Yousuf, Age 21 years
S/O Late Abdul Ghani Malik
5. Abdul Hamid Malik, Age 69 years
S/O Abdullah
6. Mohd. Rafiq, Age 48 years
S/O Abdullah
All residents of Ward No. 1, Seripora,
Tehsil Gool, District Ramban
…..Petitioners
Through: Mr. Asam Abidi Bhat, Advocate
Vs
1. UT of J&K through its
Commissioner/Secretary to Govt.,
Revenue Department, Civil Secretariat,
Srinagar/ Jammu.
2. Commissioner Secretary to Govt.,
PWD Department, Civil Secretariat,
Srinagar/Jammu
(Chief Executive Officer JKRRDA).
3. Deputy Commissioner,
Ramban.
4. Collector Land Acquisition (SDM), Gool Tehsil Gool, District Ramban.
5. Chief Engineer, Public Works
Department, Panama Chowk, Jammu.
6. Executive Engineer,
PWD, (R&B) Division Ramban, District
Ramban.
.…. Respondents
Serial No. 166
2 WP(C) No. 3118/2026
Through: Ms. Nisha Kangotra, Advocate vice Mrs. Monika Kohli, Sr. AAG for R- 1, 3 & 4.
Ms. Pallavi Sharma, Advocate vice
Mr. Ravinder Gupta, AAG for R- 2, 5 & 6.
CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE
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ORDER
(29.09.2026)
1. The petitioners, through the medium of present petition, claim that their proprietary land measuring 11 kanals 5 marlas, comprising of khasra No. 85, situate at village Seripura, Tehsil Gool, District Ramban, having houses and fruit-bearing trees thereon, has been used for construction of link road from Eidgah Seripora via Malik Mohalla (Kallar) without following due process of acquisition and without payment of compensation to them.
2. Learned counsel for the petitioners submits that the petitioners had moved a representation dated 06.05.2026, which was received in the office of the Sub-Divisional Magistrate (SDM), Collector Land Acquisition, Gool on 09.05.2026, however, no action has been taken thereon. Hence, the writ petition.
3. Learned counsel for the petitioners further submits that the petitioners shall be satisfied if the present petition is disposed of at this stage with a direction to the respondents to proceed in the matter for proper acquisition of the land and pay compensation to the petitioners to which they are found entitled.
3 WP(C) No. 3118/2026
4. Learned counsel for the respondents raised no objection to the disposal of the present petition with consideration direction, at this stage, as prayed for.
5. In view of the averments made in the petition and the submissions made at Bar, this petition is disposed of with a direction to the respondents to consider the representation filed by the petitioners and in case, their proprietary land has been used for construction of road for public purpose, the same shall be acquired properly and compensation be assessed and paid to the petitioners, of course, in accordance with law.
6. Disposed of.
(MA CHOWDHARY) JUDGE JAMMU
29.09.2026
Sneha