Cm No. 1916 of 2026 · List High Court
Case at a glance
- Bench
- CHOWDHARY
Outcome
Disposed of
remedy, the petition is disposed of at this stage with the following
Key paragraphs
- Para 55. In this view of the matter and to facilitate petitioner to avail the legal remedy, the petition is disposed of at this stage with the following directions: a) Petitioners shall work out their legal remedy of approaching a civil court by filing a civil…
Judgment
S/O Abdul Aziz Bhat R/O Zainakote, Srinagar. 2. Mst. Hajira (Aged 65 years) W/O Abdul Aziz Bhat R/O Zainkote, Srinagar. Through: Mr. N. A. Ronga, Advocate. Vs.
3. Union Territory of Jammu & Kashmir Through Commissioner/Secretary, Government Revenue Department, Civil Secretariat, J&K, Srinagar/Jammu.
4. Tehsildar Srinagar Central, Shalteng, Srinagar.
5. Naib Tehsildar, Zainakote, Srinagar.
6. Patwari Halqa, Zainakote, Srinagar Through: ...Respondent(s) CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 15.04.2026
The petitioners claiming to be using a pathway over State land since the time they purchased the adjacent land measuring 01 kanal 14 marlas, comprising of khasra No. 242 situate at Mustafabad, Zainakote, Tehsil Central Shalteng, District Srinagar, in the year 1998 by way of a registered sale deed and claim an easementary right over the pathway on the adjacent state land, entitled to use the same without being obstructed by the respondents.
The learned counsel for the petitioners submits that the respondents, without passing any order, have been threatening the petitioners of blocking the said pathway to the house of the petitioners without any reasonable cause or justification and prayed that some interim measure be ordered so that the access to the house of the petitioners is not blocked by the respondents. He has drawn the attention of this court to the copy of the sale deed of the petitioners’ land and the extract of jamabandi compiled in the year 1996-97 and a khakha dasti allegedly prepared by the local Patwari Halqa, indicating the pathway from the state land comprising of survey no. 241 to the plot of the petitioners in khasra no. 242.
Heard.
The petitioners have raised disputed questions of fact with regard to their claim of easementary rights over the adjacent State land, and such a matter cannot be decided under the writ jurisdiction by this court. It would have been advisable for the petitioners to workout the legal remedy of approaching to a civil court for determination of their rights as pleaded by them with regard to easementary rights.
Operative part
In this view of the matter and to facilitate petitioner to avail the legal remedy, the petition is disposed of at this stage with the following directions: a) Petitioners shall work out their legal remedy of approaching a civil court by filing a civil suit within a period of 15 days from the date of this order; and b) Meanwhile, the respondents are restrained from causing any interference into the pathway to the house of the petitioners as claimed by them from the state land comprising of survey no. 241, for a period of 15 days from the date of this order.
The petition is accordingly disposed of, along with application(s). ; SRINAGAR 15.04.2026 “Hilal” (MA CHOWDHARY) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.