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2024 Supreme(J&K) 78

JAVED IQBAL WANI
Ashok Kumar, S/o Sh. Hari Lal Lalhal – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Z. A. Shah, Sr. Advocate with Mr. N. Saqib Suharwardy, Mr. K. S. Johal, Sr. Advocate with Mr. Javed Iqbal Balwan, Advocate, Mr. Anuj Dewan Raina, Advocate.
For the Respondent:Mrs. Monika Kohli, Mr. Amit Gupta, AAG Mr. Ravinder Gupta, Mr. Anuj Dewan Raina, Mr. K. S. Johal, Sr. Advocate with Mr. Javed Iqbal Balwan, Advocate.

ORDER :

1. The controversy involved in the petitions being OWP Nos. 755/2018, 570/2018 and 514/2018 relates to land measuring 2 kanals and 9 marlas covered under khasra No. 149 min situated at Village Chak Sona Nupa, Kathua claimed to have been purchased by the petitioners pursuant to sale deed dated 05.12.1986, as also land claimed to have been vested unto the petitioners in OWP No. 369/2011 allegedly having been encroached upon and interfered with by the official respondents for construction of a drain who claimed portion/part of the said land to be owned by the Irrigation and Flood Control Department/respondent herein. The petitioner in OWP No. 1539/2017 are residents of the area where the drain has been/is constructed challenging in the petition the change of alignment thereof by the official respondents therein.

2. Record reveals that during the pendency of the writ petition OWP No. 755/2018, this Court passed the following order on 02.06.2018:-

    “By virtue of order dated 24.04.2018 this Court was pleased to permit the petitioner to raise boundary/protection wall with a view to protect his property in question from further damage. This was supposed to be at the risk and consequen

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