Mohammad Shafi Mantoo Vs State of J and K and Ors. (Revenue Department)

This writ petition has been filed by the petitioner seeking a direction to the respondents to discharge their statutory obligation to remove illegal and unauthorized occupation of the private respondents from Kahcharai/ State land falling under survey no. 357, 215 situated at village Hanjipora, Shopian.

The short contention of the petitioner is that the private respondents who is cosharer of the petitioner and has land under survey NO. 215 have encroached upon the State land measuring 06 kanals and 02 marlas falling under survey nos. 357/215 and have fenced the said land with tin sheets and have also constructed five concrete shops with shutters. Before raising construction of five shops and have also cut fruit bearing walnut trees in violation of J&K Preservation of Specified Trees Act, 1969. The building material has also been dumped on the Kahcharai/State land for the purpose of raising construction of a residential house.

This encroachment of State land has also blocked the access to the proprietary land of petitioner. The respondent has also taken possession of GairMumkin Kohl which is used by villagers. The petitioner accordingly, moved an application before the Deputy Commissioner, Shopian but till date their grievance has not been redressed.

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WP(C) no. 2187/2019

Notice in this petition was issued 01.07.2019 and Deputy Commissioner, Shopian was directed to file status of the application dated 18.01.2019. The respondents have filed their reply, wherein it is submitted that revenue team had carried the demarcation of the State land measuring 06 kanals and 02 marlas under survey no. 357/215 and same has been recorded as State Land. The demarcation carried out on spot revealed that the State Land measuring 06 Kanals and 02 marlas falling under survey no. 357/215 were illegally occupied by the following encroachers:

S.	Name of encroacher	Parentage	Quantum of
No.			land occupied
1.	Farooq Ahmad Mantoo	Abdul Khaliq	02 Kanal, 18
		Mantoo	Marla
2.	Mohammad ShafiMantoo	MstTaja	13 Marla
3.	Ghulam Hassan & Others	KhazirMantoo	12 Marla
4.	Abdul Gani Dar	Rajab Dar	17 Marla
5.	Muzaffar Ahmad & others	Sona Mantoo	08 Marla
6.	MohammadYousufMantoo	Sona Mantoo	06 Marla

This land had been retrieved from the illegal encroachers and handed over to the village Panchayat through Block Development Officer, Kaprin/Panchayat Secretary. The handover and takeover have been placed on record.