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Jammu & Kashmir and Ladakh High Court

Allotment And Possession Had To Be Examined Before Directing Harvest Of The Crop

The Jammu & Kashmir and Ladakh High Court quashed an SDM’s direction to harvest a wheat crop under village officials’ supervision after the petitioners asserted possession as allottees of the disputed land.

Judge / Bench — Justice Shahzad Azeem

The direction had been issued on villagers’ encroachment complaints without first determining the foundation of the petitioners’ claimed allotment and possession. With the respondents raising no objection to that course, the Court left the authorities free to proceed against encroachment in accordance with law. The decision is useful where executive action assumes that an occupier is an encroacher despite a claimed allotment: the underlying entitlement must first be addressed. It does not finally declare title, validate the allotment or prohibit lawful proceedings.

Case — Amro Devi and another v. UT of J&K and others · WP(C) 1186/2025 · 7 October 2026 · Jammu wing

Advocates appearing — Petitioners — Mr. G.S. Thakur, Advocate. Respondents 1–4 — Mrs. Monika Kohli, Sr. AAG, with Ms. Sagira Jaffar, Advocate. Respondents 5–30 — Mr. Karan Sharma, Advocate.

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