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1983 DAILYLAW 1 (JK)

SHAKEEL AHMAD WANI v. UNION TERRITORY OF J AND K (HOME) AND OTHERS

WP(C)/1983/2026 · 2026-08-14

Moksha Khajuria Kazmi

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Judgment text

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WP (C) No. 1983/2026 S. No. 113 Supp-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) no. 1983/2026 Shakeel Ahmad Wani …. Petitioner(s) Through: Mr Molvi Ajaz, Advocate v. Union Territory of JK and others … Respondent(s) Through: CORAM: Hon’ble Ms Justice Moksha Khajuria Kazmi, Judge ORDER 14.08.2026 1. By this writ petition, the petitioner prays for a writ of Mandamus commanding the respondents to regularize/ continue the allotment of the accommodation in favour of the petitioner and his dependent family members, in accordance with the applicable policy/ scheme governing registered political migrants; direct the respondents not to dispossess or evict the petitioner and his dependent family members from the said accommodation pursuant to the impugned notice or otherwise, except in accordance with law. 2. The petitioner appears to be aggrieved of the Notice bearing No. Sec- K/DySP/Notice/26/499-501 dated 08.08.2026, for short impugned notice, issued by the Dy. Superintendent of Police, Estates, Security, Kashmir, whereby, the petitioner has been called upon to vacate the Government accommodation, Room No. 201, Hotel Treasure Island, Barbarshah, Srinagar, on the ground that the same has been cancelled vide SHQ Order No. SHQ/SS/2195-NC/2026/19101-102 dated 05.08.2026. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document WP (C) No. 1983/2026 3. Learned counsel for the petitioner would submit that the accommodation in question had been allotted to the father of the petitioner in his capacity as an active political activist of National Conference organization on account of threat to his life and his family. The petitioner had applied for continuation of the said accommodation in his name being the head of the family after the demise of his father. 4. The learned counsel further submits that instead of considering the representation of the petitioner sympathetically, the respondents have mechanically cancelled the accommodation and issued the impugned notice. Learned counsel submits that the petitioner would feel satisfied if the instant writ petition is disposed of by directing the respondents to consider and decide the representation of the petitioner, stated to have been filed by him and pending before the respondents, in accordance with law. 5. Be that as it may, the writ petition, without commenting upon its merits, is disposed of with a direction to the respondents to consider and decide the representation of the petitioner, stated to be pending with them, for continuation of allotment in question within a period of four weeks from the date copy of this order is received by them and pass a speaking order thereon. 6. Registry to send a copy of this order to Mr Mohsin Qadri, Sr. AAG, for compliance. (Moksha Khajuria Kazmi) Judge Srinagar 14.08.2026 Mohammad Yaseen Dar, PS Whether the order is speaking: Yes. Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document