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2025 DAILYLAW 6041 (JK)

MOHAMMAD ASHRAF RATHER AND ORS. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE DEPARTMENT)

WP(C)/132/2022 · 2025-07-16

Wasim Sadiq Nargal

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S.No.14 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 132/2022 CM(275/2022) MOHAMMAD ASHRAF RATHER AND ORS.(SENIOR CITIZEN) …Petitioner(s)/Appellant(s) Through: Mr. Sheikh Hilal, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Ms. Nadiya Abdullah, AC vice Mr. Mohsin Ul Showkat Qadri, Sr. AAG CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL,JUDGE ORDER 16-07-2025 1. It has been brought to the notice of this Court by the learned counsel appearing for the petitioners that the case of the petitioners is squarely covered by the judgment passed by the Hon’ble Apex Court in Civil Appeal No. 5135 of 2021, titled “Rameshbhai Virabhai Chaudhari vs. The State of Gujarat & Ors.”, and accordingly, a prayer is made for disposal of the present case in light of the said judgment. 2. Ms. Nadiya Abdullah, learned Assisting Counsel appearing vice Mr. Mohsin Ul Showkat Qadri, learned Senior AAG, submits that she is not averse to the prayer made by the learned counsel for the petitioners. She, however, submits that the case of the petitioners may be considered in light of the aforesaid judgment of the Hon’ble Apex Court, provided it is found to be applicable to the facts of the present case. 3. With the consent of the learned counsel appearing for the parties, the present petition is disposed of at this stage with a direction to the respondents to examine the case of the petitioners in light of the judgment of the Hon’ble Apex Court in Civil Appeal No. 5135 of 2021, titled “Rameshbhai Virabhai Chaudhari vs. The State of Gujarat & Ors.”, and take a decision thereafter within a period of six weeks from today. 4. Disposed of accordingly, in terms of the above. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 16-07-2025 Mubashir