1. Petitioner has sought, by the medium of instant petition, writ of certiorari to quash the order no. DCB/RA/LC/86/ TNG/12/226 dated 5th September, 2012, made by Deputy Commissioner Baramulla, and a writ of mandamus commanding respondents to allot the land measuring 16 marlas falling under khasra no. 690 and 1 kanal and 3 marlas falling under khasra no. 691 in lieu of land falling under khasra no. 3700 situate at Feroz Pora Tangmarg. Petitioner has further prayed for a direction in the name of respondents from demolishing the house and cowshed raised by the petitioner on the said land. BRIEF FACTS 2. By the medium of instant writ petition, petitioner pleads to be hailing from Check Feroz Pora, Tangmarg which was devastated due to floods in the year 1992. The village was rendered inhabitable because of such floods. Petitioner pleads that, in the said village, he owned land to the extent of 1 kanal and 19 marlas under survey no. 3700 of village Ferozpora. 3. Petitioner because of the said floods had to leave his native village and, as such, he occupied the equal portion of land viz. 1 kanal 19 marlas in the same village a little far with the assistance of respondent no. 5. He has made some construction also on the said piece of land. 4. Petitioner, in this connection, is stated to have addressed a representation to the concerned for formal allotment of land in lieu of his proprietary land. 5. It is further pleaded that petitioner felt constrained, because of the inordinate delay caused in the matter, to approach this court with a writ petition being OWP No. 657/2010. This court disposed of the said petition with the direction to respondents to accord consideration to petitioner's case for formal allotment of land. 6. Respondents, while according consideration to petitioner's case, rejected his claim and directed that petitioner be removed from the said piece of land with the assistance of Police. Hence the writ petition. 7. Respondents have resisted the petition on the ground that the construction under question has been raised on a Kahcharai land which is illegal and petitioner's possession on the said land is unjustified. It is further contended that the order impugned has been passed in terms of the relevant provisions of land laws.
Hence the writ petition. 7. Respondents have resisted the petition on the ground that the construction under question has been raised on a Kahcharai land which is illegal and petitioner's possession on the said land is unjustified. It is further contended that the order impugned has been passed in terms of the relevant provisions of land laws. If at all the petitioner was aggrieved, he had an alternate remedy, therefore, is precluded to approach this court without having availed such remedy. That petitioner cannot seek restraint on respondents to demolish the illegal encroachment. It has been prayed that writ petition be dismissed. 8. Heard learned counsel for the parties. 9. Admittedly petitioner is in illegal possession. The impugned order has been passed by the concerned authorities for upholding the rule of law. It is always open for the revenue agencies to see which portion of the land is required to be occupied to fulfill any public purpose. This has been the consistent view of this Court that an individual has no right over the Kahcharai land, therefore, Revenue Agencies, time and again, have been desired to remove every encroachment made on Kahcharai land. This case being no different must have the same fate. 10. Having regard to what has been stated hereinbefore, the writ petition is held to be without any merit, therefore, dismissed along with all CMPs. Interim direction, if any shall stand vacated.