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Jammu & Kashmir High Court - Srinagar Bench
Irshad Ahmad Haji vs Union Territory Of J&K Through on 22 December, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No.35
REGULAR CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA/20/2025
In [WP(C)/2034/2020]
Pronounced On: 22.12.2025
Uploaded On: 24.12.2025
1. Irshad Ahmad Haji
S/O: Late Mohd Ramzan Haji
R/O: Nowpora, Bandipora
2. Shakir Ramzan Haji
S/O: Late Mohd Ramzan Haji ...Appellant(s)
R/O: Nowpora Bandipora
Through: Mr. Shuja Ul Haq, Advocate
Vs.
1. Union Territory of J&K through
Commissioner Secretary, Revenue
Department, Civil Sectt.
Srinagar/Jammu.
2. Principal, Chief Conservator Forest,
J&K Srinagar.
3. Deputy Commissioner, Bandipora
4. Division Forest Officer, Bandipora ...Respondent(s)
Through: Mr. Ilyas Laway, GA
Mr. Mohd Younis Hafiz, Assisting Counsel &
Ms. Nowbahar Khan, Assisting Counsel
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER(ORAL)
22.12.2025
1. This intra-court appeal by the appellants arises from an
order and judgment passed by the learned Single Judge of this
LPA/20/2025 Page 1
Court ["the writ Court"] in WP(C) No. 2034/2024 titled
"Irshad Ahmad Haji and Anr. Vs. Union Territory of J&K
and Ors." whereby the writ Court having regard to the nature
of the controversy involved, has directed the Commissioner
Secretary to the Government Department of Revenue to
constitute a team of officers of the Revenue and Forest
Departments for conducting a joint demarcation of the land
measuring 15 Marlas falling in Survey No. 209/196 situated
at estate Check Reshipora, Bandipora ["subject land"].
2. Having heard learned counsel for the parties and
perused the material on record, we are of the considered
opinion that the dispute raised by the appellants in their writ
petition before the writ Court was with regard to their
ownership and possession over the subject land. As per the
appellants, they are in cultivating possession of the subject
land under its owner Tara Chand, and have not encroached
upon any land belonging to the Forest Department. On the
other hand, the plea of the respondents before the writ Court
was that the subject land is a forest land and that the
appellants have encroached upon the same and, therefore,
they are well within their right to plant trees and establish a
nursery on the subject land.
3. Having regard to the nature of controversy involved,
wherein both the sides i.e., the appellants as well as
Department of Forest were staking their claims over the
subject land, the writ Court directed the constitution of a
team for demarcation so as to ascertain the true factual
LPA/20/2025 Page 2
position so that the true claimant to the subject land is
ascertained. We do not find any fault with the view taken by
the writ Court. The committee directed to be constituted by
the writ Court shall be in a better position to demarcate the
subject land and determine the real owner in possession
thereof. We would, however, like to add that while conducting
the demarcation, not only the officers of the Department of
Forest & Revenue but also the appellants shall be associated.
4. For the foregoing reasons and with the aforesaid little
modification that we have made, the judgment passed by the
writ Court is upheld. Consequently, the LPA filed by the
appellant is found devoid of any merit and the same is,
accordingly, dismissed.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE JUDGE
SRINAGAR:
22.12.2025
"Mir Arif"
(i) Whether the order is reportable? Yes/No.
(ii) Whether the order is speaking? Yes/No.
LPA/20/2025 Page 3
