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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WASIM SADIQ NARGAL, J
Farooq Ahmad Shiekh – Appellant
Versus
Financial Commissioner (Revenue)/ Commissioner Agrarian Reforms Kashmir – Respondent
| Table of Content |
|---|
| 1. challenge to orders regarding land encroachment. (Para 2 , 3 , 4) |
| 2. order for removal of encroachments. (Para 5 , 10 , 12) |
| 3. consequences of suppressing facts in court. (Para 18 , 19 , 21) |
| 4. jurisdictional superiority of civil courts. (Para 25 , 26 , 27) |
| 5. final dismissal of the writ petition. (Para 28 , 29) |
JUDGMENT
1. Heard learned counsel for the caveator. Caveat stands discharged.
2. The petitioners through the medium of the instant petition have called in question the orders dated 19.09.2025 passed by the Financial Commissioner, order dated 01.01.2025 passed by the Additional Commissioner, Kashmir and also the order dated 25.04.2024 passed by the Deputy Commissioner, Kupwara.
3. Briefly stated facts of the case are that the private respondents herein filed an application before the Deputy Commissioner Kupwara seeking removal of obstruction/encroachment on the public link road constructed by Rural Development Department. The Deputy Commissioner vide order dated 30.04.2024 directed the Tehsildar Lalpora to visit the spot and remove the obstruction/encroachments, if any, as per the law. The petitioners herein challenged the said order of the Deputy Commissioner in
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