153 Sup HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2113/2025 CM No. 5593/2025 Shafat Ahmad Shah ….. Petitioner (s) Through: Mr. Nisar Ahmad Bhat, Adv. V/s UT of J&K and Ors. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge ORDER 29.08.2025 1. The petitioner, has assailed order dated 23rd August 2025 whereby the petitioner has been directed to vacate the suit property within 07 days from the issuance of notice. 2. In the report dated 06th July 2024, filed by the Tehsildar South, Srinagar, it has been specifically stated that there is no record of land in the name of Abhey Sopori and others in the revenue records and further petitioner is owner of land measuring 02 Kanals and 10 Marlas comprising of Survey No. 1871/1047 situated at Wazir Bagh, Srinagar. A perusal of the record further reveals that the report dated 06th July 2024 was sought by the Deputy Commissioner in an application filed by Abhey Sopori and others under Section 4 of the P a g e | 2 WP(C) No. 2113/2025 CM No. 5593/2025 Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. 3. Learned counsel for the petitioner submits that the petitioner has not been arrayed as party to the application stated to have been filed by respondent No. 7 and 8 and to that effect, he has drawn attention of this Court towards Annexure III of the writ petition. 4. In view of this position, no fruitful purpose shall be served by keeping the instant petition pending and accordingly the petition is disposed of by permitting the petitioner to put forth his case before the respondent No. 2 & 3 by 01.09.2025 and respondent No. 2 and 3 shall pass appropriate order. Till then order dated 23.08.2025 shall not be acted upon, if not already acted upon. 5. Disposed of as above. (Rajnesh Oswal) Judge SRINAGAR 29.08.2025 Aasif