27.02.2026
CM No. 4333/2025:
1. By this application, the learned counsel for the applicants/respondents is
seeking impleadment of Shakuntala Bhan W/O Rajinder Kumar Bhat D/O
Shambunath Jalali R/O Q No. F-7, Buta Nagar near Green land Place
Jammu City through her attorney Aijaz Ahmad Hazari inter alia on the
ground that the subject matter of the writ petition, the landed estate, is
owned by the applicant and her interests are, as such directly involved in
the adjudication of the writ petition in hand.
2. The application has been resisted by the other side i.e., petitioner by filing
detailed objections to the application in hand, stating therein inter alia that
the property in question is lawfully owned by the petitioner having been
inherited by her from her parents who were previously its owners from the
year 1970. The document in the shape of General Power of Attorney
enclosed with the application appears to be a forged document as it does
not bear the date of execution and besides being unregistered; the land
measuring 18 Marlas falling under Khasra No. 4 (old) and Khasra No. 8
(new), the subject matter of the writ petition, is not reflected in the said
General Power of Attorney; applicant is neither a necessary nor a proper
party in terms of Order 1 Rule 10 of CPC; the non-applicant/petitioner is in
occupation of the land for more than three decades and has constructed a
residential house over it in the year 2001 after obtaining proper building
permission from the competent authority; the land mafia of the area had
filed an application before the respondent No.2 alleging the land in question
to be a migrant property and the petitioner having raised an illegal
construction over it in violation of status quo order of 03.06.2022 passed
by respondent No. 2 in case titled ‘Shakuntala vs. Deputy Commissioner
Srinagar’ and the respondent No.2, under the influence of land mafia,
entertained the application and passed an ex-parte order dated 04.11.2022
directing the respondents to dismantle the structure of the petitioner.