GHULAM HASSAN BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) By the medium of this writ petition, petitioners have sought a writ of mandamus commanding the respondents not to change the present status and nature of Kahcharai land falling under Survey No. 1240 (old), new Survey Nos. 1897-Min and 1911-Min, measuring 84 kanals & 5 marlas, situated at Village Kadalbal Pampore and have also sought a writ of prohibition restraining the respondents from raising any construction over the said land, on the grounds taken in the writ petition.

(2.) Petitioners have filed this writ petition not in representative but in individual capacity. In para 3 of the petition, it has been averred that they have planted trees including fruit trees on the said land and are preserving and maintaining the present status of the said land, therefore, respondents be restrained from transferring the same to the Agriculture Department for raising construction.

(3.) Respondents have filed reply and resisted the petition on the grounds taken therein.