Excelsior Correspondent
Srinagar, Jan 1: The High Court has directed the authorities to deal with the shopkeepers in district Bandipora in accordance with law if found to be raised on state land and de-seal their shops if found to be raised on proprietary land.
Nine shopkeepers of Nadihal, Kaloosa and Maloora area of district Bandipora approached the court challenging the order of November 17, 2025 issued by the Deputy Commissioner Bandipora for sealing of their shops as they have been raised on the state land.
The admitted case of these petitioners is that they are small shopkeepers of District Bandipora and constructed their shops on the State land in late 1960-1970s, with full knowledge of the revenue authorities and have been in peaceful, uninterrupted and continuous possession thereof, for over fifty years.
The petitioners have neither put any allotment order nor any revenue document on record to substantiate or justify their claim over the land, which admittedly is a State land.
They submitted that till date the respondent-authorities have not clarified how and under what circumstances, they are in illegal possession of the land falling under survey number in question, nor any demarcation has been conducted to ascertain the exact extent of land allegedly occupied by them.
The Government Advocate submitted that demarcation has already been carried out and that the petitioner-shopkeepers are in illegal possession of the State land and for this precise reason that order impugned has been issued by the Deputy Commissioner, Bandipora, directing the Tehsildar, Bandipora and Executive Officer, Municipal Council, Bandipora to proceed with the sealing of the structures raised on the Kahcharai land, of course, after following the due process of law.
Justice Wasim Sadiq Nargal disposed of the plea of petitioners by directing the respondent-authorities to de-seal the structure of the petitioners, provided the same are raised on their proprietary land.
“In case it is found that any of the petitioner has encroached/occupied the State/Kahcharai land and has raised the construction thereon illegally, then the respondents shall be at liberty to proceed against such petitioner on the strength of the impugned order, of course, after following the due process of law and on the strength of order of Deputy Commissioner Bandipora”, the court directed.
Follow our WhatsApp channel
