Jammu and Kashmir High Court
OWP/447/2011 of CHARAN DASS AND ORS. Vs STATE TH.FOREST DEPTT.AND ORS. on 25 February 2026
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 447/2011 IA No. 621/2011 1. Charan Dass (56 yrs.) S/O Indru Ram. 2. Jasbir Singh (25 yrs.) S/O Kartar Singh. 3. Ram Paul (38 yrs.) S/O Mani Ram. 4. Sanjay Kumar (24 yrs.) S/O Munshi Ram. 5. Manohar Lal (28 yrs.) S/O Ram Lal
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OWP No.447/2011
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
OWP No. 447/2011
IA No. 621/2011
1. Charan Dass (56 yrs.)
S/O Indru Ram.
2. Jasbir Singh (25 yrs.)
S/O Kartar Singh.
3. Ram Paul (38 yrs.)
S/O Mani Ram.
4. Sanjay Kumar (24 yrs.)
S/O Munshi Ram.
5. Manohar Lal (28 yrs.)
S/O Ram Lal
6. Jagdish Raj (35 yrs.)
S/O Munshi Ram.
7. Vikram Kumar (33 yrs.)
S/O Munshi Ram
8. Ravi Kumar (29 yrs.)
S/O Pishori Lal.
9. Bulla Khan (60 yrs.)
S/O Keema.
10. Alam Din (42 yrs.)
S/O Keema.
11. Peyia Khan (40 yrs.)
S/O Keema
All Residents of Morha Garn Khetar
Vilalge Khadarian Tehsil Kalakot,
District Rajouri.
…..Appellant(s)/Petitioner(s)
Through: Mr. Sumit Sharma, Adv., vice
Mr. Ashok Sharma, Adv.
Vs.
1. State of J&K through
Commissioner/Secretary, Forests Deptt.,
J&K Government, Civil Secretariat,
Jammu.
2. Principal Chief, Conservator of Forests, J&K Government, Jammu.
3. Chief Conservator of Forests, Jammu.
4. Divisional Forest Officer, Rajouri.
Serial No. 140
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5. Range Officer, Kalakot, Rajouri.
6. Maqbool Hussain S/O Sla Mohd.
R/O Village Khadarian, District Rajouri.
7. Conservator of Forests,
Circle West, H/Q Rajouri.
.…. Respondent(s)
Through: Mr. Vishal Bharti, Dy. AG.
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(25.02.2026)
1. Petitioners, through the medium of this petition, alleging that the private respondent No.6 has encroached upon the Forest Land falling under Forest Compartment No.160(Old) Range Kalakot Forest Division Rajouri and sought a direction upon the official respondents to perform their statutory duty under Section 48-A of the Forest Act and evict private respondent No.6 from Forest Land under his possession.
2. The official respondents in para-V of their response has stated that the land under the possession of respondent No.6 is ‘State Land’ and the official respondents have authority only to evict the persons from the Forest Land, as such, this petition is not maintainable against them.
3. In view of the pleadings and an explicit assertion made by the official respondents that the subject matter of this petition regarding alleged encroachment by respondent No.6 is State Land and the official respondents have not authority to evict the said private respondent from ‘State Land’ under the provisions of the Forest Act, this petition is, found to be not maintainable against the official respondents.
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4. Viewed thus, this petition, found to be misconceived, being not maintainable is dismissed along with pending applications(s). Interim direction, if any, shall stand revoked.
5. The petitioners, however, shall be at liberty to work out their remedy, in accordance with law.
6. Disposed of as dismissed.
(M A CHOWDHARY) JUDGE
Jammu 25.02.2026 Surinder
Surinder Kumar 2026.02.21 21:21 I attest to the accuracy and integrity of this document