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2023 DAILYLAW 796 (JK)

ABDUL HAMID DAR v. UNION TERRITOY OF J AND K AND ORS (GULMARG DEVELOPMENT AUTHORITY) (PIL Matter) (FOR FINAL HEARING)

WP(C)/1421/2023 · 2026-03-05

Rajnesh Oswal

Writ Petition (Civil)body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 10 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (i) WP (C) 1421/2023 (ii) WP (C) 2377/2022 (iii) WP (C) 355/2023 (iv) WP (C) 1420/2023 (v) WP (C) 1611/2023 (vi) OWP 1575/2014 IA(1/2014 [2287/2014]) (vii) OWP 1689/2014, (viii) OWP 2187/2015 (ix) OWP 2348/2018 IA(1/2018) (x) WP(C) 2276/2019 CM(4276/2019) (xi) CCP(D) 4/2021 CM(1493/2021) (xii) WP(C) 692/2021 CM(2047/2021), (xiii)WP(C) 2414/2021 CM(7724/2021), (xiv) CCP(D) 60/2022 (xv) CCP(D) 59/2023 CM(7763/2023) (xvi) WP(C) 2287/2025 CM(6046/2025) CM(6971/2025) (xvii) WP (C) 409/2024 (xviii) WP (C) 714/2024 (xix) WP (c)1715/2023 (xx) WP (C) 1716/2023 (xxi) WP (C) 12/2024 (xxii) WP (C) 2194/2023 (xxiii) WP (C) 2287/2023 (xxiv) WP (C) 2288/2023 (xxv) WP (C) 950/2023 MOHAMMAD RAFIQ ZARGAR …Petitioner(s)/appellant(s) Through: Mr. Z. A. Shah, Sr. Advocate with Mr. A. Hanan, Advocate & Mr. Arif Sikander, Advocate Mr. Syed Faisal Qadri, Sr. Advocate with Mr. Numaan Zargar, Advocate Mr. Pranav Kohli, Sr. Advocate and Mr. Rahul Sharma, Advocate in (WP(C) No.950/2023) Mr. Salih Pirzada, Advocate & Mr. Ahmad Basu, Advocate Mr. Omais Kawoos, Advocate Mr. Shariq J. Reyaz, Advocate Mr. Hakim Suhail Ishtiyaq, Advocate Mr. Hilal Ahmad Wani, Advocate Ms. Nighat Amin, Advocate vice Mr. Bhat Fayaz, Advocate Vs. STATE OF JK AND OTHERS ...Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Mr. Ilyas Nazir Laway, GA & Mr. Faheem Nissar Shah, GA (i) WP (C) 1421/2023 (ii) WP (C) 2377/2022 (iii) WP (C) 355/2023 ( iv) WP (C) 1420/2023 (v) WP (C) 1611/2023 (vi) OWP 1575/2014 IA(1/2014 [2287/2014]) (vii) OWP 1689/2014 (viii) OWP 2187/2015 (ix) WP(C) 2276/2019 CM(4276/2019) (x) WP(C) 692/2021 CM(2047/2021) (xi) WP(C) 2414/2021 CM(7724/2021) (xii) WP(C) 2287/2025 CM(6046/2025) CM(6971/2025) (xiii) WP (C) 409/2024 (xiv) WP (C) 714/2024 The matter at hands consists of bunch of petitions involving identical/similar issues. And is being heard by this Bench for some time to be disposed of finally. In fact, learned counsel for the petitioners, appearing in these set of petitions, have already concluded their arguments and the matter was posted to hear learned senior AAG on behalf of respondents. Today however, Mr. Z. A. Shah, learned senior counsel for the petitioner, at the outset submits that considering the matter in issue and the peculiarity of facts and circumstances obtaining in the present case, it would be rather expedient if the petitioners are permitted to withdraw these petitions to enable them to move the Government, in the first instance, to resolve the dispute. In response, Mr. Mohsin Qadri, learned senior AAG on instructions submits that the Government, too, is not averse to any fair/reasonable/equitable and viable solution to provide quietus to the whole dispute. Accordingly, he submits that in the event the petitioners move any representation(s), but within two weeks from today, the same shall be taken cognizance by the competent authority. And the same shall be considered in the right earnest and before any formal decision is reached, the petitioners shall also be adequately heard. Whereupon, a decision taken by the competent authority shall be conveyed to all the petitioners individually. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 05-03-2026 In the wake of the position sketched out above and in terms of the statement made by learned counsel for the respective parties, we are not required to delve any further into the merits. Accordingly, all these petitions are disposed of in the above terms. But before we part with the matter, we may hasten to record that we had heard these petitions at length on numerous occasions and invested considerable judicial time to take the matter to its logical end. And but for the changed position that has emerged before the Court, possibly we would have concluded the proceedings today itself. CCP(D) 4/2021 CM (5438/2019 & 715/2021) For the Petitioner (s) : None For the Respondent(s) : Mr. Mohsin S.Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Mr. Illyas Nazir Laway, GA In the wake of the order of even date passed in the connected writ petitions, nothing substantive survives in the petition and the same be disposed of as having been rendered infructuous. Ordered accordingly. CCP(D) 60/2022 CM (6270/2019) For the Petitioner (s) : Mr. Shariq J. Riyaz, Advocate For the Respondent(s) : Mr. Mohsin S.Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Mr. Illyas Nazir Laway, GA Learned counsel for the petitioner submits that in the wake of the order of even date passed in the connected writ petitions, nothing substantive survives in the petition and the same be disposed of as having been rendered infructuous. Ordered accordingly. CCP(D) 59/2023 CM(4523/2023) For the Petitioner (s) : Mr. Shariq J. Riyaz, Advocate For the Respondent(s) : Mr. Mohsin S.Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Mr. Illyas Nazir Laway, GA Learned counsel for the petitioner submits that in the wake of the order of even date passed in the connected writ petitions, nothing substantive survives in the petition and the same be disposed of as having been rendered infructuous. Ordered accordingly. WP(C) No.1715/2023, WP(C) No.1716/2023, WP(C) No.12/2024 For the Petitioner (s) : Mr. Syed Faisal Qadri, Sr. Advocate with Mr. Numaan Zargar, Advocate For the Respondent(s) : Mr. Mohsin S.Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Mr. Illyas Nazir Laway, GA Mr. Syed Faisal Qadri, learned senior counsel for the petitioners at the outset submits for he has specific instructions not to pursue the matter any further, he be permitted to withdraw these petitions. Dismissed as withdrawn. WP(C) No.2194/2023, WP(C) No.2287/2023,WP(C) No.2288/2023. For the Petitioner (s) : Mr. Hakim Suhail Ishtiyaq, Advocate For the Respondent(s) : Mr. Mohsin S.Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Mr. Illyas Nazir Laway, GA Mr. Hakim Suhail Ishtiyaq, learned counsel for the petitioners at the outset submits for he has specific instructions not to pursue the matter any further, he be permitted to withdraw these petitions. Dismissed as withdrawn. WP (C) No. 950/2023 and OWP No. 2348/2018 For the Petitioner (s) : Mr. Pranav Kohli, Sr. Advocate with Mr. Rahul Sharma, Advocate For the Respondent(s) : Mr. Mohsin S.Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Mr. Illyas Nazir Laway, GA Learned counsel for the petitioner(s) submits that both the petitions be disposed of in terms of order passed in the connected writ petitions to enable them to move the Government, in the first instance, to resolve the dispute. The disposal of these petitions shall not come in the way of consideration of the review petition No. 55/2020 pending before the Jammu Wing of this Court. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 05-03-2026 Shameem/Aamir Whether approved for reporting: Yes/No Pawan Chopra 2026.03.09 10:35 I attest to the accuracy and integrity of this document