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2025 DAILYLAW 8672 (JK)

MUSHTAQ AHMAD TANTRAY v. UNION TERRITORY OF J AND K (HOME) AND ORS

WP(C)/1978/2025 · 2025-08-27

Moksha Khajuria Kazmi

body2025

Judgment text

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S. no. 03 Regular list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) no. 1978/2025 CM no. 5239/2025 Mushtaq Ahmad Tantray …. Petitioner(s) Through: Mr Lone Altaf, Advocate v. UT of J&K and others … Respondent(s) Through: Mr Waseem Gul, GA CORAM: Hon’ble Ms Justice Moksha Khajuria Kazmi, Judge ORDER 27.08.2025 1. By this petition, the petitioner is challenging the notice bearing No. Sec- K/DySP/Notice/25/183-184 dated 22.04.2025, whereby, the petitioner and his family have been directed to vacate the premises in their occupation at the Right Inn Guest House, Shiv Pora, Srinagar. The premises in question had been allotted to the father of petitioner who has died, the petitioner and his family plead that they continue to have the threat perception for which the premises had been allotted to his father, therefore, the impugned notice is bad in law. At this stage, the learned counsel for the petitioner submitted that he would feel satisfied if the respondents are directed to consider the claim of the petitioner by reviewing the threat perception. 2. Learned counsel for the respondents is not averse to the proposition made by the learned counsel for the petitioner. 3. Be that as it may, the instant writ petition is disposed of, by directing the respondents 1 to 3 to review the security status of the family of the deceased protectee who has died on 26th February, 2025, and pass a speaking order thereon, within a period of four weeks from the date of passing of this order. Till then the petitioners shall not be vacated from the premises in question. 4. The writ petition is accordingly disposed of on the above lines along with connected CM. (Moksha Khajuria Kazmi) Judge Srinagar 27.08.2025 Amjad Lone, Secretary