JUDGMENT :

1. The petitioner has challenged notice bearing No.M-9/80 dated 11.05.2012, issued by respondent No.4, whereby the petitioner has been asked to remove the encroachment from the left bank of River Jhelum within three days.

2. It is the case of the petitioner that he has been running a Timber Sale Depot at New Zaina Kadal Pather Masjid under Registration No.160/TTR/UF under the name and style of M/S J. T. Traders for the last more than 50 years. According to the petitioner, the premises wherefrom he is running the Timber Sale Depot belongs to local Masjid Sharief and he is paying monthly rent to the landlord. It is further contended that as per the communication dated 16.06.2010 of Tehsildar, Srinagar South, to Additional Deputy Commissioner, Srinagar, the parcel of land, which is in possession of the petitioner where he is running his Timber Sale Depot, is recorded as ‘Abadi Deh’.

3. On the basis of aforesaid averments, it is contended that the impugned notice issued by respondent No.4, whereby the petitioner has been asked to remove the Timber Sale Depot, is illegal and unjustified. It is contended that the aforesaid notice, to which petitioner has already submitted a reply