RADHA KRISHEN KOUL AND ANR. MR. AIJAZ AHMAD CHISTI vs UNION TERRITORY OF J AND K AND ORS. (REVENUE) — LPA/326/2025
Case under Letters Patent Section 12. Disposed: Contested--Disposed Off on 06th May 2026.
CNR: JKHC010070892025
Filing Number
LPA/5318/2025
Filing Date
27-12-2025
Registration No
LPA/326/2025
Registration Date
27-12-2025
Judge
HON'BLE THE ACTING CHIEF JUSTICE , HON'BLE MR. JUSTICE SANJAY PARIHAR
Coram
HON'BLE THE ACTING CHIEF JUSTICE , HON'BLE MR. JUSTICE SANJAY PARIHAR
Bench Type
DIVISION BENCH
Category
DB LPA(OW) ( 201 )
Sub-Category
EVICTION UNDER PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT. ( 7 )
Judicial Branch
LETTERS PATENT APPEAL (LPA)
Decision Date
06th May 2026
Nature of Disposal
Contested--Disposed Off
Acts & Sections
Petitioner(s)
RADHA KRISHEN KOUL AND ANR. MR. AIJAZ AHMAD CHISTI
Respondent(s)
UNION TERRITORY OF J AND K AND ORS. (REVENUE)
Adv. MS. MAHA MAJEED 1123
Hearing History
Judge: HON'BLE THE ACTING CHIEF JUSTICE , HON'BLE MR. JUSTICE SANJAY PARIHAR
FOR ADMISSION FRESH
FOR ADMISSION NON FRESH
FOR ADMISSION NON FRESH
FOR ADMISSION NON FRESH
FOR ADMISSION NON FRESH
| Date | Purpose |
|---|---|
| 30-12-2025 | FOR ADMISSION FRESH |
| 21-04-2026 | FOR ADMISSION NON FRESH |
| 20-04-2026 | FOR ADMISSION NON FRESH |
| 16-04-2026 | FOR ADMISSION NON FRESH |
| 15-04-2026 | FOR ADMISSION NON FRESH |
Orders
Case Summary: LPA 326/2025 The High Court of Jammu & Kashmir allowed the appellants' appeal against the writ court's dismissal, finding that they were entitled to property ownership rights under Government Order 1981, not the invalidated Roshni Act 2001. The court held the appellants were lawful lessees—not unauthorized occupants—continuously holding Nazool land since 1957 with periodically extended leases. The respondents erred in wrongly applying the Roshni framework despite the appellants' consistent requests for 1981 Order treatment and depositing ₹30 lakhs per Kanal as recommended by officials. The court directed regularization of the 5-marla property at Kothibagh under Government Order 1981 within three months, granting parity with similarly situated cases like Hotel Ahdoos. This case analysis is maintained by casestatus.in based on publicly available court records.
Case Summary: LPA 326/2025 The High Court of Jammu & Kashmir allowed the appellants' appeal against the writ court's dismissal, finding that they were entitled to property ownership rights under Government Order 1981, not the invalidated Roshni Act 2001. The court held the appellants were lawful lessees—not unauthorized occupants—continuously holding Nazool land since 1957 with periodically extended leases. The respondents erred in wrongly applying the Roshni framework despite the appellants' consistent requests for 1981 Order treatment and depositing ₹30 lakhs per Kanal as recommended by officials. The court directed regularization of the 5-marla property at Kothibagh under Government Order 1981 within three months, granting parity with similarly situated cases like Hotel Ahdoos. This case analysis is maintained by casestatus.in based on publicly available court records.
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