Serial No. 18 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 264/2025 In [WP(C) 2048/2025] Mohammad Maqbool Ganie …Appellant(s) Through: Mr. Tawheed Ahmad, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy. AG CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 22.07.2026 01. Impugned in this intra-Court appeal filed by the appellant is an order and judgment dated 15th September, 2025, passed by the learned Single Judge of this Court [“the writ Court”] in WP(C) No. 2048/2025 titled “Mohammad Maqbool Ganie Vs. Union Territory of J&K and Ors.”, whereby the writ Court has dismissed the writ petition filed by the appellant in limine being hit by delay and latches. 02. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the writ petition filed by the appellant could not have been dismissed in limine for the following reasons:- (i) That the order impugned in the writ petition was passed by the respondent No. 3-Tehsildar Tangmarg on 25th March, 2023, appointing the respondent No. 4 as Chowkidar. This Order was not endorsed or sent to the appellant as averred by the appellant in the writ petition. He came to know about the passing of the aforesaid order only on MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 24.07.26 16th April, 2025, when he was summoned by the Tehsildar concerned and directed to handover the record to the respondent No. 4. (ii) Even if it is assumed, as is observed by the writ Court, the appellant was aware of the passing of the order dated 31st March, 2023, yet the two years’ time in approaching this Court cannot render the petition hit by delay and latches. (iii) From the record, it clearly transpires that respondent No. 4 was engaged as Chowkidar in place of the appellant vide order dated 31st March, 2023, passed by the respondent No. 3 without formally terminating or dispensing the services of the appellant. This is of course a prima facie view of the matter. 03. For the foregoing reasons, we find merit in this appeal and the same is accordingly allowed and the impugned order and judgment dated 15th September, 2025, passed by the writ Court is set aside and the matter is remanded back to the writ Court for issuance of notice to the respondents and considering the matter on merits. 04. Registry to list the WP(C) No. 2048/2025 before the appropriate Bench having roster on 17.08.2026. (Mohd Yousuf Wani) (Sanjeev Kumar) Judge Chief Justice (Acting) SRINAGAR: 22.07.2026 “Mir Arif” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 24.07.26