CHANCHAL DEVI AND OTHERS v. UNION OF INDIA TH MINISTRY OF DEFENCE NEW DELHI AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE RAJESH SEKHRI
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-01-23. CHANCHAL DEVI AND OTHERS v. UNION OF INDIA TH MINISTRY OF DEFENCE NEW DELHI AND OTHERS. Read the...
Judgment text
Sr. No. 22 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 95/2024 Chanchal Devi and Ors. …. Petitioner(s)/Appellant(s) Through:- Mr. Abdul Hafeez, Advocate. V/s Union of India and Ors. ….. Respondent(s) Through:- Mr. Vishal Sharma DSGI for R- 1& 2. Mrs. Monika Kohli, Sr. AAG for R- 3, 4 & 5 CORAM : HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 23. 01. 2024 01. Petitioners claim to be owner in possession of land measuring 19 kanals 19 marlas falling in Khasra no. 719 situated at Village Sihal, Tehsil Beri Patan, District Rajouri. It is submission of the petitioners that they are residing in the houses constructed over this piece of land. The allegation of petitioners is that respondent nos. 2 to 5 along with their staff arrived upon the said property and destroyed the boundary marks of their lands by digging the land adjacent to their houses, whereby they were restricted from entering into their houses. 02.
It is settled possession of law that nobody can be deprived of his right to hold the property otherwise than in due course of law. With the consensus of learned counsel for the parties, present petition is disposed of by providing that respondents shall not dispossess the petitioners from the subject property, otherwise than in due course of law and in case the 2 WP(C) No. 95/2024 subject land is required by the respondents for any developmental activity, respondents shall adopt the procedure provided under law. 03. The writ petition is disposed of in the manner indicated above. (Rajesh Sekhri) Judge Jammu: 23. 01. 2024 Mihul
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