Jammu and Kashmir High Court

WP(C)/639/2026 of VIJAY KUMAR Vs UT OF J AND K TH COMMISSIONER SECRETARY REVENUE DEPARTMENT, JAMMU AND OTHERS on 11 March 2026

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JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 639/2026 CM No. 1468/2026 Vijay Kumar S/O Kailash Chander R/O 67 Village Nerojal Tehsil Thanamandi District Rajouri. ….Petitioner(s)/Appellant(s) Through :- Mr. Sumir Pandita, Adv. V/s 1. UT of J&K through Commissioner cum Secretary to

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

WP(C) No. 639/2026

CM No. 1468/2026

Vijay Kumar

S/O Kailash Chander

R/O 67 Village Nerojal

Tehsil Thanamandi District Rajouri.

….Petitioner(s)/Appellant(s)

Through :- Mr. Sumir Pandita, Adv.

V/s

1. UT of J&K through

Commissioner cum Secretary to Govt.

Revenue Department, Civil Sectt.,

Jammu.

2. Deputy Commissioner/

District Collector, Rajouri.

3. Tehsildar Thanamandi, Rajouri.

4. Naib Tehsildar, Thanamandi, Rajouri.

5. Station House Officer,

Thanamandi, Rajouri.

….Respondent(s)

Through :- Ms. Nazia Fazal, Adv., vice

Ms. Monika Kohli, Sr. AAG.

CORAM:

HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE

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ORDER

11.03.2026

1. Petitioner, through the medium of this petition, seeks direction to the respondents not to interfere in the lawful construction being carried out by the petitioner in the land measuring 1 Kanal 14 marlas falling under Survey No.50 situated at Village Nerojal, Tehsil Thanamandi, District Rajouri and further restrain the respondent Nos. 3 to 5 from causing any obstruction or interference in the peaceful possession and lawful construction activities of the petitioner.

2. Learned counsel for the petitioner submits that the petitioner has been granted permission by the District Collector, Rajouri-respondent No.2 to use 1 Kanal 14 Marlas of land comprising of survey No.50 situated at Village Sr. No. 183

2 WP(C) No.639/2026

Nerojal, Tehsil Thanamandi, District Rajouri, for non agricultural purpose vide Order No.13/DCR/CLU of 2025 dated 20.09.2025; and that the respondent Nos.3 to 5 without any reason are causing obstruction in the construction activities carried out by the petitioner.

3. Learned counsel for the petitioner further submits that the petitioner would be satisfied, in case, this petition is, disposed of, at this stage, with a direction to the respondents not to interfere in the lawful construction activities being carried out by the petitioner, in light of permission granted to him by respondent No.2-District Collector, Rajouri vide afore-stated order dated 20.09.2025.

4. Learned counsel appearing on behalf of the respondents submits that the respondents shall not be averse to the consideration of the matter, as submitted by learned counsel for the petitioner.

5. In view of the pleadings and submissions made by learned counsel for the petitioner, this petition is, disposed of, at its threshold, with a direction to the respondents, to consider the issue raised by the petitioner in this petition having regard to permission granted in his favour to use the land in question for non agricultural purpose by respondent No.2-District Collector, Rajouri vide Order No.13/DCR/CLU of 2025 dated 20.09.2025. However, it is made clear that this order shall not be impediment, in case the construction activities are found being carried out in contravention of any law/rules/regulations governing the subject.

6. Disposed of, as above, along with connected application.

Jammu: 11.03.2026 Surinder

(M A Chowdhary) Judge

Surinder Kumar 2026.03.04 22:52 I attest to the accuracy and integrity of this document

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