Jammu & Kashmir High Court – Srinagar Bench
Mohd Ayub Malla vs Union Territory Of J And K on 14 July, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 126
Supplementary Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1624/2026 CM(4245/2026)
MOHD AYUB MALLA ...Appellant(s)/Petitioner(s)
Through: Mr. Ruaani Ahmad Baba, Advocate
Vs.
UNION TERRITORY OF J AND K
...Respondent(s)
(REVENUE) AND OTHERS
Through: None
CORAM:
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER
14.07.2026
1. By this petition, petitioner herein is seeking direction upon respondents
not to dispossess him from land measuring 12 Kanals falling under Survey
No. 1 situated at village Aglar, Tehsil & District Shopian, except strictly
in accordance with the procedure established by law and after following
the provisions of the Jammu and Kashmir Eviction of Unauthorized
Occupants (from Common Lands) Scheme, 2011, while adhering to the
principles of natural justice.
2. Learned counsel for the petitioner submits that the petitioner is an
agriculturist who derives his livelihood from agriculture and horticulture
and has been in peaceful possession of the land measuring 12 Kanals
situated at Village Aglar, Tehsil and District Shopian, for several decades.
It is further submitted that respondent No. 3 is attempting to dispossess
the petitioner from the aforesaid land without adhering to the mandatory
procedure prescribed under law.
3. Learned counsel for the petitioner has placed reliance upon the judgment
of the Hon’ble Supreme Court in Jagpal Singh & Ors. v. State of Punjab &
Ors., wherein the Hon’ble Supreme Court directed all the State
Governments and Union Territories to formulate an appropriate
mechanism governing eviction from common lands while ensuring
adherence to the principles of natural justice. Pursuant thereto, the
Government of Jammu and Kashmir, vide Government Order No.
Rev/Lit/218 of 2011 dated 28.11.2011, formulated a scheme, wherein it is
prescribed that before initiating eviction proceedings under the Scheme,
the concerned Revenue Officer shall issue a show-cause notice to the
alleged unauthorized occupant, requiring him to explain why eviction
proceedings should not be initiated against him and to produce an
affidavit and documentary evidence in support of his claim..
4. Learned counsel for the petitioner submits that the petitioner herein would
feel satisfied if the instant petition is disposed of with a direction to
Respondent No. 3- Deputy Commissioner, Shopian not to dispossess the
petitioner from the aforesaid land, without following due procedure
established under law.
5. Be that as it may, the instant petition is disposed of at its threshold, with a
direction to respondent No. 3 not to evict the petitioner from the land
measuring 12 Kanals situated at Village Aglar, Tehsil and District
Shopian, except by following the due procedure of law, particularly the
procedure prescribed under Government Order No. Rev/Lit/218 of 2011
dated 28.11.2011, provided there is no legal impediment.
6. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR:
14.07.2026
“Adil Ismail”
