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2025 DAILYLAW 12691 (JK)

TENGPORA YOUTH ASSOCIATION TH.ITS MEMBERS v. UNION TERRITORY OF J AND K AND ORS

WP(C)/2418/2025 · 2025-09-30

Javed Iqbal Wani

Writ Petition (Civil)body2025

Judgment text

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1 S. No. 141 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.2418/2025 CM No.6421/2025 TENGPORA YOUTH ASSOCIATION …Petitioner(s) Through: Mr. Aftab Ahmad, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS ...Respondent(s) Through: CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 30.09.2025 (ORAL) 1. The petitioners herein claim to be the association of youth and residents of Tengpora and have pleaded that one Ghulam Hassan S/o Mohammad Ramzan R/o Tengpora, Batamaloo Srinagar donated a portion of land covered under survey no.898 min situated at Tengpora, Batamaloo, for welfare and benefit of the Mohalla, as a consequence whereof the petitioner Association resolved to utilize the said land for construction of a School, which has been functioning from rented premises with inadequate infrastructure, and that the matter in this regard was taken up with the Education Department, in furtherence whereof, various communications came to be addressed, inter se, the Chief Education Officer Srinagar, the Zonal Education Officer Batamaloo, as well as the Headmaster, Boys Middle School Tengpora, and that despite having processed the case for construction of the said school and having obtained necessary No Objection Certificates (NOC) from various departments, including the respondent department, the local police post Tengpora, falling within the jurisdiction of 2 Police Station Batamaloo, has started frequently visiting the land in question and reportedly intend to set up a police station thereupon the said law. Heard and perused the record. 2. Insofar as the case set up by the petitioner is concerned, it is not being disputed that the land does not belong to the petitioner Association, instead the land is stated to have been donated by one Ghulam Hassan S/o Mohammad Ramzan R/o Tengpora, Batamaloo Srinagar, yet perusal of the record available on the file would reveal that no document worth the name has been filed which would signify donation of said. 3. Be that as it may, since it is being averred by the petitioner Association that the land has been earmarked for construction of Government School and that various communications inter-se the officers of Education Department had been addressed, yet the petitioner Association has failed to indicate in their petition as to what is its locus to maintain the instant petition inasmuch as a right enforceable in law. In absence of any legally recognized and enforceable right available to the petitioner herein, the intervention of this Court is not warranted. Accordingly, this Court is not inclined to display indulgence and exercise discretion. 4. Resultantly the petition fails and is accordingly dismissed. (JAVED IQBAL WANI) JUDGE SRINAGAR 30.09.2025 Ishaq Whether the order is speaking? Yes/No Whether approved for reporting ? Yes/No