Om Parkash And Another vs Ut Of J&K And Others on 13 July, 2026

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    Jammu & Kashmir High Court

    Om Parkash And Another vs Ut Of J&K And Others on 13 July, 2026

                                                                                 2026:JKLHC-JMU:2104
                                                                          Serial No. 126
    
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
    WP(C) No. 2097/2026
    CM No. 4537/2026
    Om Parkash and another                              .....Appellant(s)/Petitioner(s)
    
    
                             Through: Mr. M K Sharma, Advocate with
                                      Mr. H A Farooqi, Advocate
    
                     vs
    UT of J&K and others                                           ..... Respondent(s)
                             Through: Ms. Chetna Manhas, Assisting counsel to
                                      Mrs. Monika Kohli, Sr. AAG
    
    CORAM: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
                                       ORDER
    

    13.07.2026

    1. The petitioners claim to be the lawful owners in possession of land

    SPONSORED

    measuring 09 kanals and 04 Marlas falling under Khasra No. 1706,

    situated at Village Ambaraan, Tehsil Akhnoor, District Jammu. It is

    their case that a civil suit concerning the subject property is already

    pending between the parties before the competent Civil Court, wherein,

    vide order dated 15.05.2026, the parties have been directed to maintain

    status quo with regard to the suit property. It is further averred that the

    petitioners approached respondent Nos. 4 and 5 seeking demarcation of

    the aforesaid land; however, their request has not been entertained.

    According to the petitioners, the respondents have declined to undertake

    the demarcation solely on the ground that the Civil Court has directed

    the parties to maintain status quo.

    2. Having heard learned counsel for the parties and upon perusal of the

    record, it is evident that the relief sought in the present writ petition is

    essentially a writ of mandamus directing respondent Nos. 4 and 5 to
    2 WP(C) No. 2097/2026
    CM No. 4537/2026
    2026:JKLHC-JMU:2104

    conduct demarcation of the aforesaid land. It is, however, an admitted

    position that the dispute with regard to the subject property is already

    pending adjudication before the competent Civil Court and that an order

    directing the parties to maintain status quo is operating in the matter.

    Such an order is always amenable to clarification, modification or

    appropriate directions by the Court which has passed it.

    3. In these circumstances, the petitioners had an equally efficacious and

    appropriate remedy of approaching the trial Court for suitable directions,

    including the appointment of a commissioner for local inspection under

    the provisions of the Code of Civil Procedure and, if considered

    necessary, for carrying out demarcation of the suit property. Since the

    trial Court is already seized of the dispute, it is fully competent to pass

    such ancillary or consequential orders as may be warranted for the

    effective adjudication of the controversy.

    4. Viewed thus, respondent Nos. 4 and 5 cannot be faulted for declining to

    undertake the demarcation in view of the subsisting order of status quo

    passed by the Civil Court. The controversy raised by the petitioners is

    essentially a private civil dispute between the parties to the pending suit.

    No element of public law is involved so as to warrant the exercise of

    writ jurisdiction under Article 226 of the Constitution of India. A writ of

    mandamus cannot be issued to compel the revenue authorities to

    undertake demarcation in a matter where the Civil Court is already

    seized of the dispute and has passed an interim order governing the

    rights of the parties.

    5. This Court is, therefore, of the considered opinion that the present writ

    petition is misconceived and amounts to an attempt to bypass the
    3 WP(C) No. 2097/2026
    CM No. 4537/2026
    2026:JKLHC-JMU:2104

    remedy available before the trial Court, which is already in seisin of the

    matter. The petitioners are at liberty to seek appropriate relief before the

    Civil Court, including a prayer for appointment of a commissioner or for

    issuance of appropriate directions regarding demarcation of the suit

    property.

    6. Accordingly, the writ petition is dismissed, with the aforesaid liberty.

    No order as to costs.

    (Sanjay Parihar)
    Judge

    Jammu
    13.07.2026
    Diksha



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