Jammu and Kashmir High Court
WP(C)/2251/2026 of MOHD HUSSAIN AND OTHERS Vs UT OF J AND K TH. COMMISSIONER SECRETARY, FOREST DEPARTMENT, JAMMU AND OTHERS on 22 July 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2251/2026 Mohd. Hussain and Ors. …..Appellant(s)/Petitioner(s) Through: Mr. Ashish Sharma, Advocate. vs UT of J& K & Ors. .…. Respondent(s) Through: Ms. Meenakshi Slathia Kaur, Dy. AG. Coram: HON’BLE MR. JUSTICE
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2251/2026
Mohd. Hussain and Ors.
…..Appellant(s)/Petitioner(s)
Through: Mr. Ashish Sharma, Advocate.
vs
UT of J& K & Ors.
.…. Respondent(s)
Through: Ms. Meenakshi Slathia Kaur, Dy. AG.
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER(ORAL)
22.07.2026
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1. In the very beginning, learned counsel for the petitioners has submitted that in terms of order dated 22.04.2025, the application preferred by respondent No. 10 was disposed of with a direction to District Forest Officer (DFO), Rajouri to restore the possession of forest land on spot after affording due opportunity of being heard to the illegal encroacher of the land within one month from the passing of this order. He further submits that without affording opportunity to hearing, the order is being implemented on spot with assistance from police as has been sought by the Range Officer, Rajouri in terms of communication dated 15.07.2026. He submits that the present petition be disposed of in light of order dated 22.04.2025 and the petitioners be heard before implementation of order dated 22.04.2025.
2. Notice. Notice is waived by Ms. Meenakshi Slathia Kaur, learned Dy. AG. She submits that in the event, it is found that the petitioners have not been afforded any opportunity of hearing in terms of order dated Serial No. 125
2 WP(C) No. 2251/2026
22.04.2025, the same shall be afforded to them and appropriate orders shall be passed.
3. In view of the above, the present petition is disposed of by directing the respondent No. 7 to ensure that order dated 22.04.2025 passed by the Additional Deputy Commissioner/Collector with powers of Commissioner Agrarian Reforms, Rajouri is complied with in its letter and spirit meaning thereby that alleged illegal encroacher shall not be dispossessed without affording opportunity of hearing.
(RAJNESH OSWAL)
JUDGE
Jammu 22.07.2026 Neha-1
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Neha Kumari 2026.07.23 11:04 I attest to the accuracy and integrity of this document