Khem Lata Ganjoo vs Ut Of J&K And Ors
2026 Latest Caselaw 497 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Khem Lata Ganjoo vs Ut Of J&K And Ors on 9 February, 2026

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                                   Serial No. 5
                                                                                   Regular List
                          IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
                                                SRINAGAR

                                                 WP(C) No. 182/2026
                Khem Lata Ganjoo
                                                                              ..... Appellant/petitioner(s)
                                                        Through: -
                                                Mr. Sumir Pandita, Advocate

                                                             V/S
                UT of J&K and Ors.
                                                                                  ..... Respondent(s)

Through: -

Mr. F. N. Shah, GA CORAM:

HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 09.02.2026

01. The petitioner's claim to have purchased a piece of land measuring 01

Kanal, covered under Survey No. 1525/1009/241, Khewat No. 830

and Khata No. 1088, situated at Indra Nagar Mouza Sonwar, Tehsil

South, District Srinagar. It is case of the petitioner that in the year

1990, she along with her family members were forced to migrate from

the valley due to threat perception of the militants leaving, behind her

house and hearths.

2. Allegation of the petitioner is that some unauthorized occupants are

trying to occupy the property of the portioner and have parked their

vehicles on the said land, by taking undue advantage of her absence

and migration have encroached upon her aforesaid landed estate left

behind in the valley, and, when she came to know about it, she made a

detailed representation to the District Magistrate, Srinagar, for the

protection of her property in terms of Jammu & Kashmir Migrant

Immovable (Preservation, Protection and Restrain on Distress Sales)

Act 1997. The grievance of the petitioner is that District Magistrate

Srinagar, has not accorded any consideration to her representation till

date.

3. It is trite position of law that right to hold property, recognized under

Article 300 A of the Constitution of India, is a basic human right,

which is akin to a fundamental right and nobody can be deprived of

his/her property otherwise than in due course of law.

4. Therefore, in view of limited nature of controversy, the present

petition is disposed of with a direction to respondent No. 3-District

Magistrate, Srinagar, to accord consideration to the representation

filed by the petitioner in accordance with law within a period of six

weeks from the date a copy of this order along with copy of the writ

petition and annexures is made available to him.

5. Disposed of along with connected CM(s).

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 09.02.2026 "Mohammad Yasin Dar"