WP ( C ) No. 2048/2025. Serial No.12 Regular list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2048/2025 MOHAMMAD MAQBOOL GANIE ….. Petitioner(s) Through: - Mr. Tawheed Ahmad Sofi, Advocate. V/s UNION TERRITORY OF J AND K AND OTHERS. ….. Respondent(s) Through: - CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE JUDGMENT 15.09.2025 1. In the instant petition, the petitioner herein claims to have been working as Chowkidar of village Hajibal for the last 30 years, and states to have been shocked to know in the month of April, 2025, that the record lying with him as a Chowkidar was directed to be handed over to respondent 4 herein as the said respondent 4 had been appointed as Chowkidar by the Tehsildar Tangmarg/respondent 3 herein without provided an opportunity of hearing to him before substituting him by the engagement of respondent 4 as Chowkidar of the village Hajibal. 2. Upon coming of the instant petition for consideration on 1st September, 2025, counsel for the petitioner came to be directed by the Court to address on the question of maintainability of the petition, owing to the reason that challenge has been thrown to the order of engagement of respondent 4 herein as Chowkidar vide order dated 25th March, 2023 after considerable period of time. 3. Today, when the matter came up for consideration, counsel for the petitioner would vehemently submit that the petitioner has been working as Chowkidar for the last more than 30 years and that all of a sudden, the petitioner came to be replaced by the engagement of WP ( C ) No. 2048/2025. Page 2 of 3 respondent 4 herein in terms of order dated 31st March, 2023, and that the petitioner never ever knew about the said order but only came to know about the same when the respondent 4, on 16th April, 2025, demanded and received from him the Chowkidari record pertaining to the village consisting of Birth Registrars 14 Nos, Death Registrars 02 Nos. 4. Having regard to the record available on the file inasmuch as, aforesaid position obtaining in the matter, it is unlikely and highly improbable that the petitioner while claiming to have been working for the last 30 years did not know about the issuance of engagement order dated 31st March, 2023 of respondent 4 herein. The petitioner rather has placed on record receipt executed by the respondent 4 herein for having received record of birth and death Registrars on 16th April, 2025 in order to cover-up the delay and latches in maintaining the instant petition. Thus, petition ex-facie is found to be barred by delay and latches and exercise of discretion by this Court is being declined in view of the law laid down by the Apex Court in cases titled as M. P. Ram Mohan Raja vs. State of T. N. and others (2007) 9 SCC 878 and State of Madhya Pradesh and another vs. Bhailal Bhai, AIR 1964 SC 1006, wherein at paragraph 17 following has been laid down: “It has been made clear more than once that the power to give relief under Article 226 is a discretionary power. This is especially true in the case of power to issue writs in the nature of mandamus. Among the several matters which the High Courts rightly take into consideration in the exercise of that discretion is the delay made by the aggrieved party in seeking this special remedy and what excuse there is for it . WP ( C ) No. 2048/2025. Page 3 of 3 . . it is not easy nor is it desirable to lay down any rule for universal application. It may, however, be stated as a general rule that if there has been unreasonable delay the court ought not ordinarily to lend its aid to a party by this extraordinary remedy of mandamus.” Further the Apex Court in the case of U. P. Jal Nigam Vs. Jawant Singh reported in 2016 (11) SCC 464, has also laid down that when a person is not vigilant of his rights and acquiesces with the situation, his writ petition cannot be heard after a couple of years. 5. Viewed thus, the petition fails and is, dismissed for being hit by delay and latches, along with connected CM(s). (Javed Iqbal Wani) Judge SRINAGAR 15.09.2025 “Abdul Rashid” Whether approved for reporting? Yes/No. Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document :25.09.2025 10:20