Citation : 2026 Latest Caselaw 358 J&K
Judgement Date : 5 February, 2026
Serial No. 146
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 191/2026
Anant Ram .....Appellant(s)/Petitioner(s)
Through: Mr. Z.A Mughal, Advocate
vs
UT of J&K & Ors. ..... Respondent(s)
Through: Ms. Nisha Kangotra, Advocate vice
Mrs. Monika Kohli, Sr. AAG for R-1 to 3
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(05.02.2026)
The petitioner, through the medium of this writ petition, seeks setting aside
of the impugned order dated 30.01.2026 passed by respondent No. 3, whereby the
petitioner's shops have been sealed and action for demolition has been initiated
against the petitioner's residential house, allegedly being illegal, arbitrary,
violative of the principles of natural justice and contrary to law with a further
direction to restrain the respondents from taking any further coercive action
against the petitioner, in the interest of justice.
Learned counsel for the petitioner submits that the petitioner has admittedly
raised the house on the State land where his family resides and the respondents
without giving a proper hearing to the petitioner, have passed the ex-parte order
for sealing of shops and are contemplating to demolish even the residential house
of the petitioner. He further submits that the action of the respondents is
unconstitutional particularly in view of the law laid down in Writ Petition (Civil)
No. 295 of 2022; In Re: Directions in the matter of demolition of structures
by the Apex Court.
Heard.
Issue notice. Notice waived by Ms. Nisha Kangotra, Assisting counsel
appearing vice Mrs. Monika Kohli, learned Sr. AAG on behalf of respondent Nos.
1 to 3. Notice shall be issued to other respondents, returnable within four weeks.
Requisite steps for service of the other respondents be taken within one
week.
List on 24.03.2026.
Meanwhile, subject to objections from the other side and till next date of
hearing, it is provided that while removing any encroachment on the land or
commercial structure raised by the petitioner, the residential house of the
petitioner shall not be removed or dismantled.
(M A CHOWDHARY) JUDGE
Jammu 05.02.2026 Tarun/PS
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