INHABITANTS OF VILLAGE PARAT TH MOHD IBRAHIN POSWAL v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT, JAMMU AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE RAHUL BHARTI
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2025-12-24. INHABITANTS OF VILLAGE PARAT TH MOHD IBRAHIN POSWAL v. UT OF J AND K TH COMMISSIONER SECRETARY,...
Judgment text
Serial No. 144 Supplementary List-1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3643/2025 Inhabitants of Village Parat Th. Mohd. Ibrahim Poswal Aged 66 S/o Mohd. Hussain Poswal R/o Parat, Mendhar, District Poonch ….. Petitioner Through: Mr. Arshad Majid Malik, Advocate Vs 1. Union Territory of J&K Th. its Principal/Secretary to Government, Revenue Department, Civil Secretariat, Jammu/Srinagar 2. The Deputy Commissioner, Poonch 3. The Sub-Divisional Magistrate, Mendhar 4. The Tehsildar, Mendhar . …. Respondents Through: Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (24. 12. 2025) 01. The purpose for which the petitioner-Mohd. Ibrahim Poswal, resident of village Parat, Mendhar, district Poonch, has taken upon himself to be the representative of Inhabitants of village Parat in coming forward with the representative writ petition by reference to exercise of authority by the Tehsildar, Mendhar, district Poonch, in issuing order No.
Teh/Mdr/OQ/2025/924 dated WP(C) No. 3643/2025 11. 10. 2025 directing removal of encroachment from the ‘Kacharai’ land comprised in khasra No. 188, is not legally available at his disposal to come up with the representative writ petition even if the site of khasra No. 188 is having religious structure existing at the site. 02.
It is the bounden duty of District Administration headed by Deputy Commissioner to ensure that the ‘State Land/Kacharai Land/Common Land and Shamlat Deh Land’ is not encroached and usurped by any person or group of persons bearing disguise of religion, as the State is supposed to maintain its constitutional character and writ and that means the nature of the property at the disposal of and relatabling to the State has also to stay free and secured without being encroached or usurped by an individual or group of individuals belonging to any religion, caste or creed and in doing so, the District Administration shall be carrying out the constitutional trust to action to let it be known that as to how a State acts with firm and unyielding mind and manner in safeguarding the ‘State Land/Kacharai Land/Common Land and Shamlat Deh Land’. 03. Therefore, this Court is not inclined to grant permission to CM No.
8314/2025 for maintaining the present writ petition in a representative capacity which aims to deter WP(C) No. 3643/2025 removal of a so called premises of a religious nature from ‘Kacharai land’. 04. Accordingly, the application CM No. 8314/2025 is dismissed. 05. Copy of the order be forwarded to the Deputy Commissioner concerned for notice and compliance. (RAHUL BHARTI) JUDGE JAMMU 24. 12. 2025 SUNIL Whether the order is speaking ? : Yes/No Whether the order is reportable ? : Yes/No
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