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Serial No.02

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 3209/2025

CM No. 7344/2025

Ram Paul Gupta …..Petitioner(s)

Through: Mr. Vivek Sharma, Advocate.

Mr. Nikhil Goswami, Advocate.

Vs

.…. Respondent(s)

U.T. of J&K & Ors.

Through: Ms. Nazia Fazal, Assisting Counsel vice

Mrs. Monika Kohli, Sr. AAG.

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

ORDER

(24.12.2025)

01. Ms. Nazia Fazal, Assisting Counsel to Mrs. Monika Kohli,

learned Sr. AAG, enters appearance on behalf of respondent

Nos. 1 to 3 and seeks time to file response to the writ

petition.

02. Response be filed by or before the next date of hearing.

03. Response to CM No. 7344/2025 be also submitted.

04. One of interim directions being solicited by the petitioner in

his CM No. 7344/2025 is with respect to de-sealing of the

premises which is said to be situated in the form of two

shops with adjacent staircase leading to the roof top

obtaining on two marlas of plot of land which the petitioner

claims to be located at the site of Khasra No. 101 min,

village Chowadhi on the basis of ownership acquired by the

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petitioner through Sale Deed dated 5^th day of November,

2008 with respect to which even mutation is said to have

been attested.

05. The impugned order as well as the seizure notice do not

reflect the area of land which is reckoned to be under

unauthorized occupation of the petitioner by reference to

khasra No. 96 of village Chowadhi. Thus, the purported

seizure by way of sealing of the property at the site is more

of the shops at the site rather than the site itself.

06. The continuing sealing status of the shops may cause wear

and tear with no purpose. It is the petitioner who in the

eventuality of losing out the cause in the writ petition is

bound to suffer eviction by the removal of malba of the

shops, and therefore, there is a scope for indulgence to be

granted for directing de-sealing of the shops at the site.

07. Accordingly, respondent No. 3-Tehsildar Bahu, Jammu is

directed to place an affidavit bearing the status of the

premises in reference as to whether the shops in reference

are existing or not at the site being under seizure.

08. Let an affidavit be placed on record by or before 29.12.2025

failing which any interim relief in favour of the petitioner

shall be at risk and cost of the Tehsildar Bahu, Jammu.

09. List on 29.12.2025.

10. Interim direction, as set out in order dated 17.11.2025 to

continue till the next date of hearing.

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11. Copy of this order be provided to Ms. Nazia Fazal, Assisting

Counsel to Mrs. Monika Kohli, learned Sr. AAG for notice

and compliance.

(RAHUL BHARTI)

JUDGE

Jammu

24.12.2025

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