HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE) Case: WP(C) No. 2630/2025 CM No. 6936/2025 Pyare Lal Talashi & Ors. …. Petitioner(s)/Appellant(s) Through :- Mr. Yavar Ramzan, Advocate V/s Divisional Commissioner Kashmir & Ors. ….Respondent(s) Through :- Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 27.10.2025 The case set out by the petitioners is that petitioners No. 1 to 9, who are migrant Hindus, applied for selling the joint properties, detail whereof is given in para 3 of the petition to petitioners No. 10 to 15, under J&K Migrant Immovable Property (Preservation, protection and Restraint on Distress sales) Act, 1997 [“for short the Act”]. According to the petitioners, as per the mandate of the Act, the only enquiry required to be conducted is to ascertain whether sale is distress or not and the application for alienation of land is to be decided within a period of 15 days from the date of its submission and if said application is not decided within the stipulated period, there is deemed permission to alienate the property. It is contention of the petitioners that delay of around two years in the process of their application for the sale of subject land is unjustified and has caused immense loss to them. Sr.No. 5 2 WP(C) No. 2563/2025 Mr. Yavar Ramzan, learned counsel appearing for the petitioners has submitted that he will be satisfied in case respondents are directed to consider the present petition as representation and decide the application preferred by petitioners No. 1 to 9 for alienation of the subject land within a time frame. His statement is taken on record. Having regard to the aforesaid, the present petition is disposed of by providing that respondents shall consider the present petition as representation and decide the application preferred by petitioners No. 1 to 9 for alienation of the subject land, in accordance with law, within a period of two weeks from the date copy of this order along with copy of the present writ petition and annexures are made available to them. Disposed of along with connected CM(s). (RAJESH SEKHRI) JUDGE Jammu: 27.10.2025 Meenakshi