Srinagar, Feb 23: The Jammu and Kashmir and Ladakh High Court intervened to restore possession of a residential property to a Srinagar man after authorities allegedly locked his home during an eviction process.

A division bench of Justices Sindhu Sharma and Shahzad Azeem set aside a trial court’s refusal to grant interim protection under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. The court emphasized that statutory authorities cannot act as a “rubber stamp” and must apply independent judgment when making decisions.
The petitioner, Noor Illahi Fakhtoo, purchased 17 marlas of land in Hyderpora in 1996 and constructed a house in 2004. The eviction dispute arose after a migrant, Ashok Kumar Koul, claimed alleged encroachment on his adjacent property. A 2025 eviction order by the Srinagar district magistrate resulted in Fakhtoo’s house being locked, trapping his family’s belongings, including schoolbooks for his children.
The court noted that the District Magistrate relied heavily on incomplete reports from subordinate officers without exercising independent judgment, violating principles of fairness and procedural propriety. It stressed that the DM must personally assess whether the property qualifies as migrant property and whether the occupant’s possession is unauthorized.
Highlighting the disruption caused to the petitioner’s family and the violation of their right to life under Article 21, the bench restored the property to Fakhtoo, emphasizing that statutory authorities must make decisions after a proper, independent evaluation of the facts.
This ruling reinforces the responsibility of authorities to act diligently and ensures that administrative decisions cannot be based solely on subordinate reports or mechanical procedures.