Jammu and Kashmir High Court
WP(C)/3075/2019 of SORAJ BALA Vs STATE TH. REVENUE DEPTT.AND ORS. on 26 February 2026
JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.3075/2019 Soraj Bala (45 yrs) W/O Sh. Puran Singh R/O Potha Tehsil Nowshera District Rajouri. ….Petitioner(s)/Appellant(s) Through :- None. V/s 1. State of Jammu & Kashmir through Commissioner/Secretary to Govt., Revenue Deptt., Civil
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No.3075/2019
Soraj Bala (45 yrs)
W/O Sh. Puran Singh
R/O Potha Tehsil Nowshera
District Rajouri.
….Petitioner(s)/Appellant(s)
Through :- None.
V/s
1. State of Jammu & Kashmir through
Commissioner/Secretary to Govt.,
Revenue Deptt., Civil Sectt., Srinagar.
2. Commissioner/Secretary to Govt.,
J&K Forests Department,
Civil Sectt., Srinagar.
3. Divisional Commissioner, Jammu.
4. Deputy Commissioner, Rajouri.
5. Sub Divisional Magistrate, Nowshera.
6. Tehsildar Nowshera.
7. Balbir Singh S/O Puran Singh
R/O Potha Tehsil Nowshera Rajouri.
….Respondent(s)
Through :- Ms. Priyanka Bhat, Adv., vice Ms. Monika Kohli, Sr. AAG.
CORAM:
HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
26.02.2026
1. Petitioner, through the medium of this petition, alleging that the State and Forest Land bearing Khasra Nos. 505, 506, 678/Min, 675, 678 and 648 of Village Potha of Tehsil Nowshera, is in illegal occupation of respondent No.7 and prayed that the official respondents be directed to evict the private respondent, from the land in question. It has been pleaded that the land encroached by the respondent No.7 falling under the aforesaid Khasra numbers is adjacent to the land of the petitioner measuring one Kanal comprising of Khasra No. 531/Min. Sr. No. 100
2 WP(C) No. 3075/2019
2. Pursuant to directions, the respondents filed objections on 04.08.2025 stating that the land in question is Evacuee Property land under the possession of respondent No.7 and that entries with regard to possession of the State Land have been cancelled, in view of the judgment passed by the High Court in PIL No.19/2011 titled “S.K Bhalla vs. State of J&K & Ors.”, and compliance to further direction of Deputy Commissioner, Rajouri vide his Order No.SQ/2030- 90 dated 02.12.2015, all the illegal occupants have been evicted and possession of land was restored in favour of the State.
3. In view of the objections filed by the official respondents, no case is made out for the indulgence of this Court, as per the assertions made in the petition by the petitioner and otherwise also she has not claimed any right in the property which is alleged to have been encroached by respondent No.7, to seek his eviction.
4. The respondents are, however, reminded of their statutory duties, not to allow/permit any sort of encroachment upon the State Land and to evict any such encroacher, by following due course of law.
5. In this view of the matter, this petition is, disposed of, being devoid of any merit and substance and is dismissed, accordingly, along with pending application(s). Interim direction, if any, shall stand revoked.
Jammu: 26.02.2026 Surinder
(M A Chowdhary) Judge
Surinder Kumar 2026.02.22 03:23 I attest to the accuracy and integrity of this document