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2025 DAILYLAW 7077 (JK)

QURBI GLOFER v. UNION TERRITORY OF J AND K (HOME) AND ORS

WP(C)/931/2025 · 2025-04-29

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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WP(C) 931/2025 P a g e | 1 S.No. 171 Supp.list IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 931/2025 CM(2456/2025 QURBI GLOFER D/O LATE MOHAMMAD SULTAN MIR R/O METHAN, CHANNAPORA, TEHSIL AND DISTRICT SRINAGAR …Petitioner(s)/Appellant(s) Through: Mr. Muzaffar Hamid Bhat, Advocate Vs. 1. UT OF J&K THROUGH COMMISSIONER SECRETARY HOME, CIVIL SECRETARIAT SRINAGAR, KASHMIR 2. SHO, POLICE STATION RAJBAGH 3. MOHAMMAD ASHRAF MIR, MUNSHI, POLICE STATION RAJBAGH, SRINAGAR KASHMIR 4. MAHAJABEENA AKHTAR D/O GHULAM AHMAD SHAH R/O CHEENI CHOWK, ANANTNAG KASHMIR 5. BASHIR AHMAD SHAH S/O GHULAM AHMAD SHAH R/O CHEENI CHOWK, ANANTNAG KASHMIR 6. AIJAZ AHMAD SHAH S/O MOHAMMAD SHAFI SHAH R/O PADSHAHI BAGH, SRINAGAR (PRESENT, BAZAR COMMITTEE JAWAHAR NAGAR) 7. IRSHAD AHMAD KHAN S/O MOHAMMAD SHAFI KHAN R/O JAWHAR NAGAR OPPOSITE AL KABIR EYE CARE CENTER, SRINAGAR ...Respondent(s) Through: Mr. Furqan Yaqub Sofi, GA CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL,JUDGE ORDER 29-04-2025 1. The present petition has been filed by the petitioner, under Article 226 of the Constitution of India, seeking following relief(s): a. Issue a writ of mandamus directing respondents Nos. 2 and 3 to immediately cease their illegal harassment and interference with the WP(C) 931/2025 P a g e | 2 petitioner's rights and to refrain from enforcing the impugned document. b. Issue a writ of certiorari quashing and setting aside the impugned document dated 26-02- 2025 as it was obtained by coercion, intimidation, and abuse of power. c. Grant any other relief that the Hon'ble Court deems just and proper in the circumstances of the case, including any interim or ancillary orders necessary to safeguard the petitioner's rights. 2. During the course of arguments, it has been brought to the notice of this Court by Mr. Furqan Yaqub Sofi, learned Government Advocate, that an earlier petition bearing WP(C) No. 853/2025 involving the same cause of action had been filed by the petitioner and was dismissed vide an order dated 21.04.2025 on account of certain technical defects, with liberty to file a fresh petition. 3. In the present petition, however, the petitioner has failed to disclose the fact of dismissal of the earlier petition. This amounts to suppression and concealment of material facts, which goes to the root of the matter and adversely affects the administration of justice. 4. It is a settled principle of law that a litigant approaching the Court must come with clean hands and make full and fair disclosure of all material facts. The concealment of the previous dismissal order, despite being granted liberty to file afresh, demonstrates a lack of bona fides on the part of the petitioner. WP(C) 931/2025 P a g e | 3 5. In view of the above, the petition is dismissed on the ground of suppression of material facts without any costs. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 29-04-2025 Mubashir i. Whether the order is speaking: Yes/No ii. Whether the order is reportable: Yes/No