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Family's 40-Year Land Battle Ends in Victory: J&K High Court Slams State's 'Muscle Power' Grab
In a resounding affirmation of property rights, the has directed state agencies and to either hand back 41 kanals and 02 marlas of private land in Village Birpur or acquire it legally under the . Delivered by Hon’ble Mr. Justice Rajnesh Oswal on , in Dr. Posh Charak and others v. and others (WP(C) No. 624/2023), the ruling dismantles the state's reliance on delay and " " to defend decades of unauthorized possession.
Roots of a Decades-Old Wrong
The dispute traces back to , when Thakur Lakshman Singh Charak died, leaving his land under Khasra No. 1651—measuring 41 kanals and 02 marlas in Birpur, Tehsil Bari Brahmana, District Samba—to his heirs: Dr. Posh Charak, Meera Charak, and successors of deceased siblings Heera Charak and Rajinder Singh Charak. Revenue records like Jamabandi (1959-60) and Khasra Girdawari (up to 2024) consistently listed the family as owners or cultivators, with no entry for or .
Petitioners discovered the encroachment only in 2021, after Village Birpur's records—seized amid a land scam probe—were released. Demarcations by Naib Tehsildar ( ) and a court-ordered committee ( ) confirmed and 's physical control, complete with a constructed road, but zero legal title. RTIs exposed 's admission of possession without acquisition proof, while revenue officials verified the family's unassailed ownership.
The core questions: Can the state occupy private land sans acquisition and invoke delay after 40 years? Does falter on " " when official records scream illegality?
Petitioners' Fierce Stand vs. State's Technical Evasion
Led by , petitioners argued the occupation blatantly violates —no deprivation without legal process. They stressed the : daily trespass can't be laundered by . Adjacent plots (e.g., Khasras 1643, 1644) were lawfully acquired with compensation paid, proving Khasra 1651 was skipped. Demarcations and RTIs sealed their title.
Respondents—UT of J&K, , (No.5), and later-impleaded (No.7)—fired back with delay (40+ years since 1970s "transfer"), , and " " unfit for . They claimed old records showed Laxman Singh as mere co-sharer, not owner, and cited vague letters on industrial estate allotments (336 kanals total, but short by now). A Central Excise notification omitted Khasra 1651, undermining their plot. Yet, they admitted unauthorized possession in replies.
Court's Razor-Sharp Dissection: No Hiding Behind Technicalities
Justice Oswal shredded the defenses, drawing from Supreme Court beacons. Delay/
? Useless against
breaches, a "constitutional and human right." Citing
Tukaram Kana Joshi v. MIDC
(2013), the bench quoted:
"The State cannot be permitted to rely upon the
to legitimise an
."
Urban Improvement Trust v. Vidhya Devi
(2024) reinforced: courts condone delay for "
" acts shocking conscience, no "limitation to doing justice."
" "? Baseless when revenue records and admissions converge. Echoing A.P. Electrical Equipment Corp. v. Tahsildar (2025), the court held: materials falsifying state claims mustn't be ignored; writ courts probe if justice demands. Here, Jamabandi, Girdawari, and dual demarcations (2021, 2025) pinpointed 19 kanals 11 marlas with , 22 kanals 11 marlas with —total trespass.
Precedents like D.B. Basnett v. Collector (2020) underscored: divestment demands law. Vague 1970s papers? Irrelevant sans revenue mutation for Khasra 1651, unlike compensated neighbors. As LiveLaw noted, records from unerringly backed petitioners, seized amid Birpur scam explaining delayed suit.
Key Observations Straight from the Bench
"The State cannot be permitted to rely upon theto legitimise an, as a citizen‟s belated approach to the Court does not grant legitimacy to an otherwise unconstitutional action."
"When the State's own records confirm the illegality, the matter becomes a question of law and constitutional enforcement rather than a factual dispute."
"The occupation of land... by Respondent Nos. 5 and 7 (and) is a clear, as they hold neither title nor valid revenue records."
"A citizen's constitutional rights cannot be sacrificed at the altar of technicalities, especially when the State remains in unauthorized possession of private property."
Justice Served: Restore or Acquire—Now
The writ stands allowed. Respondents 2, 4, 5, and 7 must vacate and restore within three months or acquire under the . If restored, Deputy Commissioner, Samba, will compute rent from initial entry.
This precedent fortifies property guardians: states can't wield "muscle power" indefinitely. For industrial bodies like / , already "short" on allotments, it's a wake-up—regularize or relinquish. Families long denied access now reclaim constitutional armor, ensuring no land vanishes into bureaucratic black holes.
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