IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR & LADAKH

AT JAMMU.

Irshad Ahmed & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

IN THE MATTER OF:- LIST OF DATES AND EVENTS

S No. DATE EVENTS

1. 21-09-2020 Order was passed by the Honble High Court in SAVE Vs

State of J&K & Ors.

2. 08-09-2022 Notice was served by the applicant/petitioner through his

counsel to the respondents regarding the encroachment of
land.

PETITIONERS
Place: - Jammu THROUGH COUNSEL
Dated:

SHAMAS-UD-DIN SHAAZ
ADVOCATE
Licence No. JK-345/2015
Mob.9419155312
Email:advocateshamas@gmail.com
IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU.

C.M No.________/2022
In
PIL. No. 25/2017 C/W PIL.No. 19/2017
(Application under Rule 67(1) of the J&K High Court Rules,1999)

Subject matter pertains to

District Pooonch.

IN THE MATTER OF: -

1.SAVE …Applicant
V/s

1.U.T Of J&K and Ladakh & Ors

through Commissioner Secretary forest Deptt
Civil Secretariat Jammu/Srinagar.
2.Principal Secretary Forest Deptt Civil secretariat
Jammu/Srinagar.
…Respondents

And

1. Inhabitants of Village Hari & Ors …Applicant

V/s
1. U.T Of J&K
through Commissioner Secretary forest Deptt Civil
Secretariat Jammu/Srinagar.
2. Principal Secretary Forest Deptt Civil secretariat
Jammu/Srinagar.
…Respondents

And
In the matter of –
CM in terms of order dated 21-09-2020 passed
by this Honble Court in afore titled PILs, on
behalf of-

1. Irshad Ahmed Age 54 years

S/o Mohd Bashir
R/o Pathanater
Tehsil Mendhar Distt Poonch. …Applicant

V/s
2. U.T Of J&K and Ladakh & Ors
through Commissioner Secretary forest Deptt
Civil Secretariat Jammu/Srinagar.

3. Secretary to Govt
Revenue Deptt Civil Secretariat
Jammu/Srinagar.

4. Divisional Commissioner Poonch.

5. Divisional forest Officer Poonch.

6. Sub Divisional Magistrate Poonch.

7. Range Forest officer, forest Range Mendhar.

8. Mohd Shafi
S/o Noor Hussain

9. Mohd Iqbal
S/o Sain

10. Mohd farooq

S/o lal Hussain
All residents of kateran Pathanater
PO Pathanter, Tehsil Mendhar
Distt Poonch
…Respondents

MAY IT PLEASE YOUR LORDSHIPS;

The applicant named above most respectfully submit as
under:-

1. That in the afore-titled writ

petitions in the nature of PILs, this Honble Court vide order
dated 21-09-2020 has passed directions, amongst others,
directing that in future no court or authority shall entertain
any matter/case pertaining to the removal of encroachments
by the forest Deptt. It has further been directed by the
Honble court that in case any person has a grievance, he
shall be at liberty to file an application in the afore-titled PIL
only. These directions are recorded in para 14(vi) of order
dated 21-09-2020 which are reproduced herein below for
facility of ready reference-
vi- “in future no court or authority shall entertain any
matter/case pertaining to the removal of encroachments
by the forest deptt. In case any person has a grievance
he shall be at liberty to file an application in the present
petition only”.
A copy of the order dated 21-09-2020 passed by this
Honble Court in the afore-titled PILs is enclosed herewith
and marked as ANNEXURE-I.
2. That the applicant is a citizen of
India and permanent resident of Union Territory of Jammu
 and Kashmir. He is, therefore, fully entitled to invoke the
extra-ordinary writ jurisdiction of this Honble Court for
protection and enforcement of his fundamental, legal and
statutory rights guaranteed under the Constitution of India
and laws framed thereunder.
3. That applicant is a conscious
citizen interested in preservation and protection of forests,
ecology and environment in forest range Mendhar
particularly in his own village Pathanater where there is a
large scale encroachment of forest/state land where the
authorities of forest /revenue deptt are sleeping over the
matter and have not taken any effective steps to remove the
encroachment of the forest land in compartment No. 169 of
forest range Mendhar. The private respondents herein have
constructed their residential houses over the forest land
encroaching the same even though they have their
proprietary lands which can cater to their needs. The effect
of encroachment by respondent No. 8, 9 & 10 and illegal
construction of residential houses has caused a serious
damage to the forest compartment No. 169 covered under
survey No. 509, 510 and 511.
4. That applicant herein approached
the forest range officer Mendhar, Sub Divisional Magistrate
Mendhar, Divisional Forest Officer Poonch and Deputy
Commissioner Poonch on several occasions requesting them
to initiate effective eviction drive against the respondents so
that the forest land is retrieved, preserved and protected.
Respondents have not taken any active steps as are required
under Forest Protection Act and under the Land Revenue
Act thereby giving a long hand to the private respondents to
encroach upon the forest land and keep on multiplying their
constructions in the form of residential houses, cattle sheds
etc. if this position is not checked at the earliest, the days
are not far off when entire forest cover of compartment no
169 shall be converted into a concrete structure thereby
adversely affecting the fragile ecology and environment in
the entire Peer Panjal Range. For ready reference copy of the
photos of residential house as raised by respondents are
enclosed herewith and marked as ANNEXURE-II.
 5. That the revenue deptt pursuant
to the direction passed by the Honble Division Bench in case
titled SK Bhalla Vs State has expunged the illegal entries of
all the encroachers over the state/forest land and have
restored the status of land as that of state land/forest land
which is clear from the khasra girdavri for the year 2019 in
respect of khasra No 511, copy of the same is enclosed
herewith and marked as ANNEXURE-III.
6. That petitioner has obtained
extract of shajra kashtwar in respect of Village Pathanter
from revenue record office Poonch which indicates with red
line the boundaries of khasra No. 511 as state/forest land.
This revenue position is admitted by the official respondents
but despite its full knowledge and ground situation being a
forest land, the Deputy Commissioner Poonch as well as
Range forest Officer Mendhar are totally passive and are
conniving with the private respondents to perpetuate the
illegal encroachments. Thus there is fault on the part of the
respondents, forest authorities as well a revenue authority
to protect and preserve the state property by their passive
attitude. The applicant therefore has no other option left
except to approach this Honble court through the medium
of this petition for seeking appropriate relief. Copy of the
extract of site map is enclosed herewith and marked as
ANNEXURE-IV.
7. That petitioner is seeking
appropriate direction against the respondents including
Mandamus so as to direct and command respondent No. 1
to 7 to immediately evict all the encroachers from
compartment No. 169 of Forest Range Mendhar on the
following amongst other grounds-

GROUNDS-

I. That respondent no 8, 9 & 10 are encroachers of

state/forest land, they are liable to be evicted under law.
II. Respondent _ have no legal right to title over the land
covered under survey No. 509, 510 & 511 of village
Pathanater Tehsil Mendhar.
III. That petitioner has approached the respondent bringing
to their notice the large scale encroaching done by the
respondents who are raising multiple story construction
over the forest land under compartment no 169 but no
action has been taken thereby encouraging and abetting
the private respondents to encroach the forest/state
lands. The state property being property of each citizen,
applicant has therefore right to seek proper direction
against the respondents from seeking pursuance and
protection of the state property from unscrupulous
elements.
IV. That applicant through his advocate served a notice on
08-09-2022 seeking action against private respondents
but no action was taken despite legal notice hence the
failure on the part of respondents calls for issuance of
Mandamus so as to compel them to perform the duties
in accordance with law. Copy of the notice dated 08-09-
2022 is enclosed herewith and marked as ANNEXURE-V.
V. That respondents cannot take shelter of The Scheduled
Tribes And Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act 2006 as the
respondents have their own proprietary land is the form
of agricultural lands and their livelihood thus depends on
their own proprietary and agricultural land where a
citizen has his own proprietary land in the village, he
cannot seek benefit of the said Act as none of the
respondents have an exclusive right to settle down on the
forest lands ignoring their settlement primarily on their
proprietary lands. The petitioners are not the traditional
forest dwellers and they have no rights of forest dwelling
under law in the U.T of J and K. the said Act applies only
in such cases where a person has no personal land at all
and has all alone dependence on forest dwelling rights
exclusively and without any dependence on his own
proprietary land which is not the case with private
respondents.
VI. That applicant/petitioner is left with no other option than
to approach this Honble court.
 VII. Applicant/Petitioners have not filed any writ petition in
this Hon’ble court or in the Hon’ble Supreme Court of
India.
Affidavit in support is enclosed.

In the premises it is most humbly prayed that –

Your lordship may be pleased to allow this writ petition and

issue a writ in the nature of-
1. Mandamus so as to direct and command respondents to
evict respondent No. 8, 9 & 10 from compartment No. 169
and dismantle all the illegal structures raised under survey
No. 509, 510 & 511 of village Pathahanater Tehsil Mendhar
Distt Poonch.
Or any other appropriate writ, order or direction
which though not prayed for yet is deemed just and
expedient, may be issued in favor of petitioners and against
respondents.

THE PETITIONERS
THROUGH COUNSEL
DATED:

ADVOCATES
IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR & LADAKH
AT JAMMU.

Irshad Ahmed & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF WRIT

PETITION.

I Irshad Ahmed Age 54 years, S/o Mohd Bashir R/o

Pathanater Tehsil Mendhar Distt Poonch, do hereby solemnly
affirm and declare as under
1. That the accompanying writ petition has been read over and
explained to me and the contents of the para No.____ to ____
of the writ petition are true and correct as per my knowledge
and those of para No.____ are true as per information
received from record and those of remaining paras ____ to
____ are bases on legal advice.
2. The deponent is the petitioner No.1 in the above titled writ
petition, he is well versed with the facts and circumstances
of the case, and hence he is competent to swear the instant
affidavit.

I solemnly swear/affirm that the affidavit is true, no part of

this is false and nothing has been concealed.

Place: Jammu
Dated:

DEPONENT
IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU.

Irshad Ahmed & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

IN THE MATTER OF: -

INDEX
S.NO. PARTICULARS PAGE NOS.

1. List of dates and events

2. Brief facts of the case
3. WRIT PETITION

4. ANNEXURE-I
(A copy of the order dated 21-09-2020)
5. ANNEXURE-II
(Copy of the photos of residential house as raised by
respondents)
6. ANNEXURE-III
(Copy of khasra girdavri for the year 2019 in respect of khasra
No 511)
7. ANNEXURE-IV
(Copy of the extract of site map)
8. ANNEXURE –V
(Copy of the notice dated 08-09-2022)

9. Affidavit in support of Writ petition

10. Application for interim relief
11. Affidavit in support
12. Memo of urgency
13. Vakalatnama

FILED BY: -

DATED:

ADVOCATE
 IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU.

Irshad Ahmed & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

BRIEF FACTS OF THE CASE

The applicant/petitioner is seeking intervention of this

Honble court in the matter of removal of illegal encroachment of
forest/state land covered by private respondents under khasra
No. 511 compartment No 169 of village Pathanater, forest range
Mendhar, forest division Poonch. The petitioner/applicant
repeatedly approached the respondents to remove the
encroachment and dismantle the illegal houses raised but the
concerned authorities have failed to discharge their obligation
hence left with no other option , petitioner is approaching this
Honble court by filing the present petition in terms of order dated
21-09-2020 as this Honble court is custodia legis hence
appropriate direction can be passed in this petition to uphold the
rule of law and in order to serve the public interest at large. Hence
this petition.

THE PETITIONERS
THROUGH COUNSEL
DATED:

ADVOCATE
 IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU.

Irshad Ahmed & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

IN THE MATTER OF: - Memo of urgency.

MAY IT PLEASE YOUR HONOUR,

The petitioners, respectfully submit as under:-

1. That the petitioners have filed the above titled writ petition
alongwith application for interim relief which is sure to
succeed on merits.

2. That the matter is of emergent in nature and requires to be

taken up for today itself otherwise the applicants shall suffer
an irreparable loss and injury which cannot be compensated
by any other means.

It is, therefore, respectfully prayed that the above titled

writ petition may very kindly be directed to listed for today
itself in the interest of justice.

THE PETITIONERS
THROUGH COUNSEL
DATED:

ADVOCATE
IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU.

Irshad Ahmed & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

IN THE MATTER OF: -

APPLICATION FOR INTERIM RELIEF

MAY IT PLEASE YOUR LORDSHIPS;

The petitioners/applicants most respectfully submit as
under: -

1. That the petitioners/applicants have filed the above

titled writ petition before this Hon’ble Court which is sure to
succeed on merits.
2. That the averments made in the writ petition may be
read as part and parcel of this application also in order to
avoid repetition and for the sake of brevity.
3. That the petitioners/applicants have strong prima-
facie case and the balance of the convenience is also in
favour of the petitioners/applicants.
4. That in case the relief prayed in the M.P. is not
granted in favour of the petitioners/applicants,; the
petitioners shall suffer an irreparable loss and harm which
will not be compensated latter on by any mode.
5. That it will be in the interest of justice that the relief
prayed in this application be granted in favour of the
petitioners/aplicants and against the
respondents/nonapplicants

An affidavit in support of the application is enclosed

herewith.

IN THE PREMISES: -
It is, therefore, most respectfully prayed that keeping in
view the submissions made hereinabove and those to be
 urged at the time of hearing, the Hon’ble Court may very
kindly be pleased to:-
i) direct the respondents/non-applicants not to raise any
construction kaccha/pakka in forest compartment no
169 under survey No 11 pending disposal of this
petition.
ii) The Hon’ble Court be further pleased to grant any
other interim or final relief as may be deemed
appropriate in the circumstances of the case.

THE PETITIONERS
THROUGH COUNSEL
DATED:

ADVOCATES
IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR & LADAKH
AT JAMMU.

Irshad Ahmed & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF INTERIM

APPLICATION.

I Irshad Ahmed Age 54 years, S/o Sh. Mohd Bashir R/o

Pathanater tehsil Mendhar distt Poonch, do hereby solemnly
affirm and declare as under
1. That the accompanying interim application has been read
over and explained to me and the contents of the para
No.____ to ____ of the interim application are true and
correct as per my knowledge and those of para No.____ are
true as per information received from record and those of
remaining paras ____ to ____ are bases on legal advice.
2. The deponent is the petitioner No.1 in the above titled
interim application, he is well versed with the facts and
circumstances of the case, hence he is competent to swear
the instant affidavit.

I solemnly swear/affirm that the affidavit is true, no part of

this is false and nothing has been concealed.

Place: Jammu
Dated: