WP(C)/677/2026 of RAM KRISHAN AND ANOTHER Vs UT OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPARTMENT, JAMMU AND OTHERS on 12 March 2026

1. Ram Krishan S/O Khouji Ram

2. Mohinder Paul S/O Ram Krishan Both R/O Ward No. 1, Near Fish Pond Kathua- 184104

…. Petitioner(s)/Appellant(s)

Through:- Mr. Karan Sharma, Advocate

V/s

1. UT of J&K, through Commissioner Secretary Revenue, Jammu

2. Deputy Commissioner, Kathua

3. Deputy General Manager J&K Housing Board Unit-I Channi Himmat, Sectror 2, Jammu

4. Tehsildar, Kathua

…..Respondent(s)

Through:- Ms. Nazia Fazal, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG

CORAM:

HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE

ORDER (ORAL)

1. Petitioner, through the medium of this petition, seeks quashment of impugned Order No. HU-I/CH/4789-95 dated 02.03.2026 issued by the respondents whereby the respondents enforced upon the petitioners that the land measuring about 02 kanals 04 marlas falling under Khasra No. 44 min, situated at Sector-1 Housing Colony, Kathua, is the lawful property of the J&K Housing Board.

2. The grievance projected by the petitioners in this petition that the petitioners has been asked to immediately cease and desist from any further construction, fencing, plantation, alteration or interference upon the said land, to remove all unauthorized structures, fencing, gates, poles, plantations and any other encroachments raised by the petitioners and also vacate and handover peaceful and vacate physical possession of the land in question within three days from the date of issuance of the notice otherwise the encroachment shall be removed forcibly with the assistance of District Administration and Police, without issuance of any show casue notice or affording an opportunity of being heard.

3. Ms. Nazia Fazal, assisting counsel vice Mrs. Monika Kohli, Sr. AAG, appeairng for the respondents, submits that in case petitioners are given liberty to show cause, the respondents shall not be averse to consider the same and that appropriate orders be passed in this direction.

4. Having regard to the pleadings and made submissions at Bar, this petition is disposed at this stage with liberty to the petitioners to submit the representation to the Managing Director of the Housing Board, within a weeks time to show cause with respect to their cause on the subject and until the representation is considered by the Managing Director of the Housing Board, no further action shall be taken, upon the impugned notice.

5. Disposed of, accordingly alongwith pending applications(s).

(M A CHOWDHARY) JUDGE JAMMU

12.03.2026

Asif Tantray