HC seeks response on pleas against land encroachment circular

Srinagar, Jan 21: The High Court of J&K and Ladakh has sought the government’s response on a batch of petitions challenging the government’s circular regarding removal of encroachments on state land by January 31. A bench of Justice Wasim Sadiq Nargal issued notice to the Advocate General to assist the court in deciding the pleas against the circular (No. 02-JK(Rev) of 2023) dated 9 January 2023.

“Before proceedings further in the matter it would be apt to issue notice to the learned Advocate General(AG) to assist the Court in the matter,” the court said and issued notice to him for filling the response to the petitions within four weeks.

   

The Court issued the notice after hearing counsel for the petitioners, who contend that “the circular is without any legal sanction or authority as the action is being sought to be initiated in keeping with the circular which would jeopardize the fundamental rights of the petitioners as enshrined in Article 21 of the Constitution of India without following the procedure as established by law.” Seeking to scrap the circular they have assailed in their pleas, the petitioners contend that the same has been issued in the most mechanical manner and without following procedure as prescribed under land Revenue Act with particular reference to its Section 133.

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