Srinagar, July 2: High Court of Jammu and Kashmir and Ladakh on Thursday restrained the authorities from disturbing the possession of a Sopore resident who claimed rights over a piece of land on the basis of a 2002 agreement to sell executed by its recorded owner, a migrant Kashmiri Pandit.

Justice Rahul Bharti passed the interim order while hearing a writ petition filed by Ali Mohammad Hajam, who challenged an eviction process initiated by the revenue authorities under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997.
According to the petition, Hajam said the recorded owner of the land, Damodar Bhat, had entered into an agreement to sell on August 1, 2002, after receiving the full sale consideration of Rs 1.40 lakh and handing over possession of the property measuring four kanals and five and half marlas in village Bunmaidan Malpora, Panditian, Sopore.
The petitioner submitted that the process for execution of the sale deed under the Migrant Property Act had substantially progressed.
He said he has remained in settled possession of the land, which was earlier recorded as Khasra No. 513/322 and has since been assigned new Khasra No 402 during the latest settlement.
The dispute arose after the Tehsildar, Bomai (Zaingeer) issued a communication dated June 11, 2026 directing constitution of a team of revenue officials to carry out eviction proceedings on Survey No 402 following an online application by Bharat Ji Bhat son of the late Damodar Bhat.
The court noted that the communication did not identify either the exact portion of land or the persons proposed to be evicted.
The bench observed, "The petitioner, thus, is in serious apprehension which cannot be said to be misplaced that under garb of order, an irreparable injury is likely to occurr to the right and entitlement of the petitioner qua land in reference in furtherance of agreement to sell so made by none else than Damodar Bhat in favour of the petitioner which the private respondent No. 8 is meaning to undermine by mala fide course of action and exploit of Migrant Property Act, 1997."
After examining the material placed before it, the court held, "Prima facie case is made out."
Justice Bharti issued notice to respondents and directed petitioner to furnish registered postal covers within seven days for service of notice.
Notice was also issued in the connected miscellaneous application.
As an interim measure, the court ordered, "In the meantime, by reference to the impugned order No. NC-T2b/08/2026-27/110 dated 11.06.2026 of respondent No. 5, the petitioner's status vis the land measuring 4 kanal and 5½ marlas comprising khasra No. 513/322 old (402 new) in village Bunmaidan Malpora, Panditian, Sopore, be not disturbed."
The bench, in its four-page order, clarified that the interim protection would remain subject to objections from the respondents.
The matter has been listed for further hearing on August 17, 2026.