Dismissed

Mohammad Shaban Reshi v. Union Territory of J and K and Ors. (Revenue Department)

J&K HC16 Sept 2021LPA/110/2021

Case brief

AI extract

What is this about?

The Court dismissed an appeal against an earlier order rejecting a petition seeking permission to construct shops on land and protection from demolition, directing the appellant to approach the superior authority.

What did the court decide?

The appellant was directed to approach the Deputy Commissioner to verify facts and take necessary action regarding the alleged interference.

Mohammad Shaban Reshi Vs Union Territory of J and K and Ors… — Landlord and Tenant | J&K HC (2021)

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S. No. 41 Supp.

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

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CJ Court

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LPA No. 110/2021

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Mohammad Shaban Reshi

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…Petitioner(s)/Appellant(s) Through: Mr. G. Q. Bhat, Advocate V/s UT of J&K and Ors. …Respondent(s) Through: None

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Coram:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL

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ORDER 16-09-2021

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Heard Mr. G. Q. Bhat, learned counsel for the petitioner.

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The writ petition filed by the petitioner seeks direction commanding the State respondents to allow the petitioner to raise construction of nine shops on its proprietary land which he has received in exchange as per the order of Deputy Commissioner, Shopian dated 06-02-2012. The petitioner also seeks that the respondents be directed not to demolish the already raised construction on the said land.

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The writ petition was dismissed vide order dated 20-08-2011 on the ground that it is based on apprehension only with liberty to the petitioner to approach the Deputy Commissioner who was directed to look in to his grievance.

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The petitioner instead of approaching the Deputy Commissioner has filed this appeal contending that the Tehsildar is illegally interfering in the constructions of the petitioner and is threatening to demolish his already existing constructions.

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If that be so, it is all the more necessary for the petitioner to approach the Deputy Commissioner who is the superior authority and to bring to his notice his grievance against the Tehsildar concerned.

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In case the petitioner approaches the Deputy Commissioner, he shall consider the grievance of the petitioner and after verification of the fact will take necessary action. In the alternative, petitioner can even lodge FIR or a complaint against the Tehsildar, if he is illegally interfering with his property.

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The writ petition in the appeal stands disposed of.

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(VINOD CHATTERJI KOUL)

JUDGE

(PANKAJ MITHAL)

CHIEF JUSTICE

Srinagar 16.09.2021 Sakeena

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SAKEENA MOLVI I attest to the accuracy and authenticity of this document 17.09.2021 01:45

Mohammad Shaban Reshi v. Union Territory of J and K and Ors. (Revenue Department)

Case brief

What is this about?

What did the court decide?

Mohammad Shaban Reshi v. Union Territory of J and K and Ors. (Revenue Department)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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