Date Of Pronouncement : 29.10.2025 vs Ut Of J&K & Ors
2025 Latest Caselaw 2473 J&K

Jammu & Kashmir High Court

Date Of Pronouncement : 29.10.2025 vs Ut Of J&K & Ors on 29 October, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                    2025:JKLHC-JMU:3535




                                                      Serial No. 21

      IN THE HIGH COURT OF JAMMU & KASHMIR AND
                       LADAKH
                      AT JAMMU

                      WP(C) No. 1400/2024
                       CM No. 3471/2024

                             Date of pronouncement : 29.10.2025
                                        Uploaded on : 31.10.2025

Vijay Kumar & Ors.
                                                        ....Petitioners

               Through:-     None.

                           V/s

UT of J&K & Ors.
                                                     .....Respondents

               Through:-     Ms. Nazia Fazal, Assisting Counsel vice
                             Mrs. Monika Kohli, Sr. AAG.
\


CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                       JUDGMENT (ORAL)

01. Through the medium of this petition, the petitioners

are seeking to check the Government from making use of its

own property on the plea that their land measuring 5 kanals

11 marlas is comprised in adjacent khasra No. 46.

02. The petitioners have no locus to come forward

seeking such a 'writ of mandamus'/prohibition, whereby

Government and its Departments are intended to be restrained

from making use of the Government's property, be it obtaining

in the form of land or any building to be constructed

thereupon. Hence, the writ petition deserves to be dismissed

2025:JKLHC-JMU:3535

for lack of locus of the petitioners, but since the learned

counsel for the petitioners is absent, as such, the writ petition

is dismissed for non-prosecution alongwith connected

application(s).

03. Interim direction, if any, shall stand vacated.

04. A copy of this order be forwarded to

Commissioner/Secretary to Govt., Irrigation & Flood Control

Department and the Chief Engineer, Irrigation & Flood Control

Department, for being taken on record so as to ensure that if

the petitioners come forward in a disguised manner with the

institution of any other litigation, be it before this Court or any

other forum, either in their own name or in a disguised name,

then the copy of this order shall be referred to and brought to

the notice of the court as the case may be.

(RAHUL BHARTI) JUDGE JAMMU 28.10.2025 Bunty Whether the judgment is speaking: Yes/No

Whether the judgment is reportable: Yes/No