*Upholds eviction from State land
Excelsior Correspondent
JAMMU, Apr 2: Reiterating that illegal occupation of State land does not create any legal right, the High Court of Jammu & Kashmir and Ladakh has upheld the eviction of encroachers from State land in Akhnoor and dismissed a writ petition challenging the cancellation of mutation attested in their favour.
Justice Wasim Sadiq Nargal passed the judgment in WP(C) No. 779/2026, holding that the order of the Divisional Commissioner, Jammu, was “perfectly legal, justified and in consonance with the record” and that the challenge thrown to it was ill-founded.
The petitioners, Bhim Sen and Romesh Lal, residents of village Najla Chak, Tehsil Akhnoor, had assailed the order dated March 6, 2026 passed by the Divisional Commissioner, Jammu, whereby their revision petition was dismissed and the Tehsildar was directed to evict all illegal occupants from land measuring 23 kanals and 17 marlas falling under Khasra No. 36.
The petitioners had claimed possession over the land for more than three decades and relied upon Mutation No. 40 dated October 30, 2007, attesting Sehat Kasht in their favour.
The High Court, however, noted that the revenue record showed the land to be State land under unauthorized possession and found that the mutating officer had wrongly attested the Sehat Indraj mutation instead of evicting the encroachers, thereby illegally regularizing their occupation since Kharif 2007. The Court held that the mutation was illegal and had rightly been set aside by the competent authority.
Rejecting the plea that long possession entitled the petitioners to hold the land, the Court made it clear that mere illegal possession of State land does not confer any right in law. It observed that no person can occupy State land without a valid allotment and held that the petitioners had failed to show any lawful right over the property.
The Court also rejected the contention regarding denial of opportunity of hearing, observing that the record, including the Fard Ahkam, showed that adequate opportunities had been granted and that the petitioners had appeared in person but failed to properly present their case.
Dealing with the plea based on a civil court decree dated September 11, 2014 passed by the Munsiff, Akhnoor, the High Court held that the decree merely restrained interference with possession and did not validate the impugned mutation or confer title, as ownership of the land vested with the State and had not been adjudicated by the civil court.
Describing the writ petition as misconceived, false and frivolous, the High Court dismissed it in limine and upheld the direction issued by the Divisional Commissioner to the Tehsildar, Jourian, to evict all illegal occupants and take further steps to prevent encroachment on State land.
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