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2025 Supreme(Online)(J&K) 581

HIGH COURT OF JAMMU AND KASHMIR
SANATAN DHARAM SABHA COMMITTEE – Appellant
Versus
STATE TH.REVENUE DEPTT.AND ORS. – Respondent
OWP 2190 / 2017



Sr. No. 6 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU IA No. 1/2017 c/w OWP No. 1868/2018 IA No. 1/2018 Sanatan Dharam Sabha Committee …..Petitioner(s)

Through: Mr. Abhishek Wazir, Advocate with Mr. Razat Sudan, Advocate in OWP no. 2190/2017 Mr. Nigam Mehta, Advocate in OWP No. 1868/2018.

Vs State and ors .…. Respondent(s)

Through: Ms. Nazia Fazal, Advocate vice Mrs. Monika Kohli, Sr. AAG for R-l to R-5 in OWP No. 2190/2017 and for R-l to R-3 in OWP No. 1868/2018.

Mr. Nigam Mehta, Advocate for R-6 in OWP No. 219012017.

Mr. Abhishek Wazir, Advocate with Mr.

Razat Sudan, Advocate for R-4 in OWP No. 1868/2018.

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

30.04.2025

1. The tone of two litigations is meant and posed as if it is an adversarial litigation unmindful of the fact the religious place is that of Thakar Dwara having a presiding Deity installed and consecrated therein and the existence of the religious place is dating back to the time when the State of Jammu and Kashmir was ruled by erstwhile rulers.

2. Respondent No. 6-Shiv Ram Dass, who claims himself to be the ‘Sadhu’ (Pujari), appearing in person submits that the condition of physical structure of the premises of Thakar Dwara is in a very bad shape having suffered additional damages caused by road carving and construction having taken place just adjacent to the said Thakar Dwara.

3. In view of the statement made by the respondent No. 6-Shiv Ram Dass, this case warrants due indulgence of this court for the purpose of knowing the exact status of Thakar Dwara, therefore, Tehsildar, Nowshera is directed to appear in person along with revenue record relating to Thakar Dwara on the next date of hearing.

4. List for continuation on 16.05.2025.

5. A copy of this order be provided to Ms. Nazia Fazal, learned counsel appearing for the official respondents No. 1 to 5 in OWP No. 2190/2017 and for official respondents No. 1 to 3 in OWP No. 1868/2018 for notice and compliance at the end of the Tehsildar, Nowshera.

6. The petitioner-Jagdish Chander Sawhney in OWP No.

2190/2017 is also directed to remain present on the next date of hearing.

(RAHUL BHARTI JUDGE JAMMU 30.04.2025 Naresh/Secy

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