HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on 21.05.2025 Pronounced on 23.05.2025 CJ Court LPA No. 89/2025 Noor Ul Anwar Educational Trust …..Appellant(s)/Petitioner(s) Through: Mr. Sajad Ahmed Dar, Adv. vs State (now Union Territory) of J&K and others .…. Respondent(s) Through: None. Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT Per Oswal-J 1. The appellant claiming itself to be a trust running a school under the banner of “Noor Ul Anwar Educational Trust” at Wuyan, Tehsil Pampore on a stretch of land measuring 4 kanals comprising under survey No. 3002/1 situated at Wuyan Pampore, filed a writ petition for challenging the order dated 31.05.2006, whereby the recognition of the appellant was cancelled by the respondents on the ground of presenting fraudulently, the forged/changed documents, such as, inspection authority letter dated 04.10.2024, list of the management body and page 02 of the Bye-laws. 2. The respondents filed the objections to the writ petition. Learned writ court vide its order dated 13.03.2025 dismissed the writ petition 2 LPA No. 89/2025 preferred by the appellant by observing that the writ petition has been filed by a non-entity, which cannot claim to have any right and/or legal interest for the infringement of which writ jurisdiction under Article 226 of the Constitution of India can be invoked by the writ petitioner. 3. The present intra court appeal is directed against judgment dated 13.03.2025 and it is claimed by the appellant that no meaningful opportunity to place on record the documentary evidence to demonstrate the existence of the appellant and its entitlement to maintain the petition was afforded by the learned writ court. 4. It is contended that the learned writ court has returned a finding that the school in question is situated on a land, which as per the revenue record has been mentioned as “sarkar mukbooza sarkar” and classified as “ghar-mumkin” but the fact remains that the land has been validly transferred in favour of appellant-educational trust through the process of law. 5. Vide order dated 25.04.2025, learned counsel for the appellant had sought time to produce the relevant record to demonstrate that the appellant was a juristic person having a right to sue or to be sued and also that the appellant is the owner in possession of the land over which the school has been established. 6. In compliance to order dated 25.04.2025, the appellant has filed an application bearing CM No. 3037/2025 for placing on record the revenue record and trust deed executed on 11.05.2023. Another 3 LPA No. 89/2025 application bearing CM No. 3118/2025 has been filed by the appellant for placing on record the revenue record. 7. Learned counsel for the appellant had strenuously tried to persuade this Court that the appellant is a legal entity whose existence is duly substantiated by bye-laws (page 47 of this appeal) and that in the revenue record, the name of the appellant has been mentioned. 8. Heard and perused the record. 9. The learned Single Judge in terms of order dated 27.02.2023 read with order dated 07.03.2025, had solicited the personal indulgence of the Chief Education Officer(CEO), Pulwama to submit an inspection report and in turn, inspection report was submitted by the CEO, wherein it has been stated that the private school Noor Ul Haq Education Institute exists on survey No. 2420 min measuring 4 kanals in estate Wuyan and the nature of the land recorded is “sarkar mukbooza sarkar” and classified as “ghar-mumkin” school building. After taking note of inspection report mentioned above, the learned writ court came to dismiss the writ petition by observing that the writ petition has been preferred by a non-entity, meaning thereby that the appellant has no existence in law. 10. Despite opportunity granted to the appellant to place on record any documentary evidence in respect of the status of the appellant, nothing has been brought before this Court to demonstrate the existence of Noor Ul Anwar Educational Trust at Wuyan, Tehsil Pampore. Rather a Trust Deed dated 11.05.2023 has been placed on record in respect of creation 4 LPA No. 89/2025 of one “Dar Ul Uloom Al Jamiat Ul AI Tawheediya Trust”. It is worthwhile to mention herein that the writ petition was filed in the year, 2006 and neither before the learned writ court nor this Court, the appellant could place on record any trust deed in respect of the existence of the Noor Ul Anwar Educational Trust. 11. Further in the writ petition, it is the stand of the appellant that the school has been constructed on the land measuring 4 kanals comprising survey No. 3002/1 situated at Wuyan, Pampore, whereas the revenue record being relied upon by the appellant pertains to survey Nos. 3415, 3324, 3108 and 1463. Despite being repeatedly asked to demonstrate before this Court as to the existence/creation of the appellant-Trust by a trust deed, the appellant could not place before this Court any document in the form of trust deed in respect of creation of Noor Ul Anwar Educational Trust. 12. After examining the judgment of the writ court, we do not find any reason to take any view other than that of the learned writ court. Accordingly, the present appeal is found to be misconceived and is dismissed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE JUDGE SRINAGAR 23.05.2025 Rakesh PS Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Rakesh Kumar 2025.05.23 14:06 I attest to the accuracy and integrity of this document