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2025 DAILYLAW 15018 (JK)

MOHAMMAD RAFIQ DAR v. UNION TERRITORY OF J AND K TH.COMMR/SECTY TO HOME AND OTHERS

WP(C)/3246/2025 · 2025-12-24

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.145 Suppl. List 3 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.3246/2025 CM No.8717/2025 MOHAMMAD RAFIQ DAR …..Petitioner(s) Through: Ms Laila Khalid, Advocate. V/s UNION TERRITORY OF J AND K AND OTHERS … ..Respondent(s) Through : None CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE JUDGMENT(Oral) 24.12.2025 1. The grievance projected by the petitioner in this writ petition is that he had filed the suit for declaration and permanent injunction against respondent No.6 before the Civil Court, in which an interim injunction came to be passed by the said Court on 20.02.2025, whereby respondent No.6 herein has been temporarily restrained from causing any sort of interference with respect to the suit property, but the said respondent being Chief Medical Officer is influencing respondents No.1 to 5, as a result whereof they are harassing the petitioner. It has been contended that he has already made a complaint before learned Chief Judicial Magistrate, Srinagar projecting his grievance against the Police Officers who are harassing the petitioner at the behest of respondent No.6. WP(C) No.3246/2025 Page 2 of 2 2. Heard and considered. 3. It seems that the petitioner has some civil dispute with respondent No.6 and in this regard he has already filed a civil suit before the Court of learned City Munsiff, Srinagar, in which interim protection has been granted to the petitioner in terms of order dated 20.02.205. 4. If respondent No.6 or for that matter other respondents are committing breach of the said order, the proper course for the petitioner is to make application under Order 39 Rule 3A of CPC before the learned Civil Court. Regarding the alleged harassment meted out to the petitioner by officers/officials of the Police, he is already stated to have approached the Chief Judicial Magistrate, Srinagar. There is thus hardly any cause for the petitioner to invoke the writ jurisdiction of this Court. 5. The writ petition lacks merit and is dismissed accordingly. (SANJAY DHAR) JUDGE SRINAGAR 24.12.2025 Sarveeda Nissar Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 26.12.2025 17:43