Jammu & Kashmir High Court – Srinagar Bench
Inhabitants Of Villge Khimber Th. Hilal vs Union Territory Of J And K And Others on 12 March, 2026
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
S. No. 125
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM No.1329/2026 in WP(C) No.521/2026 CM No.1330/2026
INHABITANTS OF VILLGE KHIMBER TH. HILAL ...Petitioner/Appellant(s)
AHMAD BHAT AND ANOTHER
Through: Mr. Sheikh Mohammad Faisal, Advocate.
Vs.
UNION TERRITORY OF J AND K AND OTHERS ...Respondent(s)
Through:
CORAM:
HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
12.03.2026
1. The petitioners, claiming to represent the inhabitants and estate
holders of village Khimber, Tehsil and District Srinagar, have filed the
instant writ petition invoking the jurisdiction of this Court under Article 226
of the Constitution of India seeking protection of their rights in respect of
Shamilat Deh land falling under Survey Nos. 742, 743 and 747 situated at
Mouza Khimber.
2. It is stated that the petition has been filed in a representative capacity
on behalf of the inhabitants and estate holders of village Khimber, who are
stated to have a common interest in the subject matter of the dispute. The
petitioners claim to have been duly authorized by the villagers to institute
the present proceedings on their behalf. An application seeking permission
to prosecute the petition in representative capacity under Order I Rule 8 of
the Code of Civil Procedure has also been filed along with the writ petition.
3. The case set up by the petitioners in the instant petition is that the
villagers of Khimber, Srinagar are possessory right holders of Shamilat land
measuring about 1882 Kanals and 01 Marla under Section 5 of the revenue
records. According to the petitioners, the said Shamilat land has historically
been governed by the principle of Bhai-Chara and pro-rata distribution
among the estate holders of the village.
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4. It is pleaded that during the years 2018-2019, land measuring 654
Kanals and 07 Marlas falling under Survey Nos. 743, 744 and 745 was
allotted to the Department of Sheep Husbandry for establishment of a
departmental centre and allied infrastructure. However, while raising
constructions and creating assets, the department allegedly came to occupy
165 Kanals of land falling under Survey No. 742, which, according to the
petitioners, is recorded as Shamilat Deh land belonging to the estate holders
of village Khimber.
5. The petitioners submit that upon representations made by the
villagers, the Divisional Commissioner, Kashmir constituted a committee of
revenue officers vide order dated 10.04.2023 to ascertain the factual and
legal position with regard to the Shamilat land and the occupation thereof.
The committee submitted its report on 05.06.2023.
6. It is further stated that after examining the report, the Divisional
Commissioner, Kashmir issued Minutes of Meeting dated 25.09.2023,
whereby it was, inter alia, observed that the villagers shall avail their rights
over the Shamilat land in accordance with the relevant revenue laws and that
the land on which assets have been created by the Sheep Husbandry and
Tribal Affairs Departments shall continue to remain with the respective
departments. However, it was also observed that the land in lieu of such
occupied Shamilat land shall be processed separately as per law.
7. According to the petitioners, despite the aforesaid decision, no steps
have been taken by the respondents either to acquire the land measuring 165
Kanals under Survey No. 742 or to provide equivalent land in exchange to
the estate holders of village Khimber.
8. It is also stated that the continued occupation of Shamilat land
belonging to the villagers without acquisition, compensation or lawful
exchange amounts to deprivation of property without authority of law and
violates the constitutional protection guaranteed under Article 300-A of the
Constitution of India.
9. It is further contended that the issue relating to Shamilat land of
village Khimber had earlier come up before this Court in WP(C) No.
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692/2025 and WP(C) No. 1238/2025, which were decided by a common
judgment dated 31.10.2025, whereby the order dated 24.04.2024 issued by
the Financial Commissioner (Revenue) was quashed and the respondents
were directed to determine the entitlement of the estate holders in the
Shamilat land while deducting the portion of land under the possession of
the departments.
Heard counsel for the petitioners and perused the record.
10. Counsel for the petitioners submits that notwithstanding the aforesaid
judgment and the decision taken by the Divisional Commissioner in the
meeting dated 25.09.2023, the respondents have failed to take any decision
regarding acquisition of the land or provision of land in exchange thereof,
thereby compelling the petitioners to approach this Court.
11. Having regard to the pleadings on record, this Court finds that the
grievance projected by the petitioners essentially relates to the occupation of
165 Kanals of Shamilat land under Survey No. 742 by the Sheep Husbandry
and Tribal Affairs Departments and the consequential claim of the estate
holders for compensation or exchange of land.
12. The material placed on record indicates that the matter has already
been examined by the competent authorities and that the Minutes of Meeting
dated 25.09.2023 issued by the Divisional Commissioner, Kashmir
recognize the rights of the villagers over the Shamilat land while also
observing that the assets created by the departments shall remain with them
and that land in lieu of such occupied Shamilat land shall be processed
separately as per law.
13. This Court is of the view that the question as to whether the land
occupied by the departments should be acquired in accordance with law or
whether equivalent land should be provided in exchange is essentially a
matter requiring consideration and decision by the respondents.
14. At the same time, it cannot be disputed that the rights claimed by the
petitioners in respect of the Shamilat land cannot remain in a state of
uncertainty indefinitely and the competent authorities are required to take a
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decision in the matter in accordance with law and in light of the earlier
decisions and directions.
15. In the circumstances, without expressing any opinion on the merits of
the matter, the present writ petition is disposed of as follows;
(i) The Respondent No. 1, shall examine the claim of the
petitioners with regard to land measuring 165 Kanals under
Survey No. 742 situated at Mouza Khimber which is stated to
be under the occupation of the Sheep Husbandry and Tribal
Affairs Departments.
(ii) The competent authority shall take a reasoned decision as to
whether the said land is required to be acquired in accordance
with law and compensation paid to the estate holders, or
whether equivalent land is to be provided in exchange in terms
of the Minutes of Meeting dated 25.09.2023 and in light of the
judgment dated 31.10.2025 passed by this Court.
(iii) The aforesaid exercise shall be undertaken after providing an
opportunity of hearing to the representatives of the petitioners
and other affected stakeholders.
(iv) The entire exercise shall be completed within a period of two
months from the date a copy of this order is served upon the
respondents.
16. Disposed of along with connected CM/s.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR
12.03.2026
Ishaq
Whether the order is speaking ? Yes/No
Whether approved for reporting ? Yes/No
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