Jammu & Kashmir High Court - Srinagar Bench
Bashir Ahmad Paddar And Anr vs Union Territory Of J&K And on 9 October, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 72
SUPPLEMENTARY CAUSE LIST-II
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 145/2024
CM(252/2024)
Bashir Ahmad Paddar And Anr. ...Petitioner(s)
Through: Mr. Ahmad Javid, Advocate.
Vs.
Union Territory of J&K and ...Respondent(s)
Others.
Through: Mr. Jahangeer Ahmad Dar, GA.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
09.10.2025
01. Before coming with the institution of the
present writ petition filed on 23.01.2024 whereby
the two petitioners aimed to earn the writ reliefs, the
petitioners had already filed a civil suit on file No.
523/N on 15.11.2014 before the court of Sub
Judge (Special Mobile Magistrate), Anantnag against
the then State of Jammu & Kashmir and its officials
for a declaration with consequential relief of
mandatory injunction purportedly on the cause of
action that their ownership land measuring 1.10
kanal falling in survey No. 151 at Tanjiloo Checki
Wangun, Qazigund had come to be appropriated by
the Government for the purpose of digging a
borewell for water supply scheme at Tanjiloo Checki
Wangun but without compensating the petitioners
for the loss of their proprietary land or by providing
them employment in lieu thereof. The writ reliefs
claimed are as under:
a. WRIT OF MANDAMUS, commanding
upon the respondents to process
the petitioners either for
compensation to which they are
entitled in lieu of their land which
the department has occupied for
construction of borewell at Tanjloo
Checki Wangun or for providing job
to them as provided to similarly
situated persons.
b. WRIT OF MANDAMUS, commanding
upon the respondents to give the
same treatment as has been given
to the other similarly situated
persons by way of providing jobs to
one of the family members of the
petitioners and further petitioners
be given compensation with regard
to the apple fruit trees in number
37 and 03 walnut trees without
any further delay.
02. Said civil suit filed by the petitioners before
the court of Sub Judge (Special Mobile Magistrate),
Anantnag came to be decreed on 05.05.2017
against which the civil first appeal preferred by the
defendants/judgment debtors is also said to have
failed.
03. Be that as it may, for the reasons best known
to the petitioners, they came forward with the
present writ petition literally asking for the identical
reliefs for which they had already earned a decree in
their favour, but with an additional relief being
added that they be compensated for loss of apple
trees numbering thirty-seven (37) and three (03)
walnut trees which came to be allegedly damaged on
account of appropriation of their proprietary land of
1.10 kanal in khasra No. 151.
04. This Court came to confirm from Mr.
Jahangir Ahmad Dar, learned Government Advocate
that way back in the year 2014 an amount of Rs.
99,142/- had come to be paid to Mohammad Abbas
Padder-the petitioner No. 2 on account of fruit
bearing trees having suffered damage on account of
digging operation for the purpose of setting up
borewell and that payment was duly credit into the
account of payee-Mohammad Abbas Padder/the
petitioner No. 2.
05. Mr. Jehangir Ahmad Dar, learned
Government Advocate has further submitted and is
making a statement at the bar that the very site of
1.10 kanal of land of the petitioner in khasra No.
151 has been abandoned by the Government
amounting to surrender of the same in favour of the
petitioners on account of failure of the boring
operation and that the land is available for the
petitioners to continue to be owner in possession of
the same and the compensation on account of
damage whatsoever caused to the standing trees at
the relevant point of time stood paid to them.
06. In the light of the facts and circumstances of
the case so obtaining, this writ petition is thus
disposed of in the light of the aforesaid and the
petitioners shall have the resumption of the land in
reference i.e. 1.10 kanal in village Tanjiloo Checki
Wangun, Qazigund in their ownership and
possession to the exclusion of the Government
and/or any of its authorities/ establishment on any
pretext whatsoever and further the decree passed by
the civil court in the civil suit filed by the petitioners
shall also merge in the present order.
07. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
09.10.2025
"HAMID"
