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2025 DAILYLAW 8926 (JK)

ABDUL GANI SHEIKH v. UNION TERRITORY OF J AND K (REVENUE) AND ORS

WP(C)/2144/2025 · 2025-09-02

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

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S. No.103 Supplementary list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2144/2025 ABDUL GANI SHEIKH …Petitioner/Appellant(s) Through: Mr. Ishfaq Bashir, Advocate. Vs. UNION TERRITORY OF J AND K (REVENUE) AND ORS ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 02.09.2025 1. Heard. 2. The case of the petitioner in a nutshell is that he along with his other co-sharers is joint owner of the land measuring 11 marlas falling under survey number 706/26 situated at village Regipora, Kupwara, and, his individual share out of the same is 3 marlas. That his co-sharers namely Dr. Abdul Samad and Dr. Ghulam Mohd during the lifetime of the estate holder obtained a compromise decree in a civil suit in respect of their own share amounting to 8 marlas, but astonishingly the mutation on the basis of the said compromise decree came to be attested in respect of the entire 11 marlas of the land. That subsequently, upon being disappointed from the revenue authorities who did not take any action in the matter, the petitioner was constrained to move this Court through writ petitions bearing number OWP 1740/2011 and WP(C) 7/2025, in which express orders were passed by this Court directing the official respondents to address the applications of the petitioner in respect of demarcation and cancellation of the registration certificate, but in vain. 3. The petitioner through the medium of this successive petition has prayed for the issuance of directions in the nature of mandamus for commanding upon the respondents 3 and 4 to address his grievance and to implement the earlier orders of this Court in letter and spirit. 4. It is astonishing that the petitioner has been forced to approach this Court repeatedly due to the inaction on the part of the respondents, especially respondent No. 3 i.e. Deputy Commissioner, Kupwara. The addressal of the grievance of the petitioner squarely falls within the domain of respondent No. 3, who appears to have been slept over the matter despite two repeated orders of this Court passed while disposing of the two earlier writ petitions on 02.12.2015 and 02.01.2025. 5. The petitioner was required to file a contempt petition before this Court for breach of the aforementioned orders, which he has not done. 6. The instant petitioner is disposed of at this threshold stage with the direction to respondent No. 3 i.e. Deputy Commissioner Kupwara, who shall immediately cause the required demarcation done to identify 03 marlas of land alleged to be falling in the share of the petitioner. The said respondent shall also address the issue as to how a full-fledged building at present housing a hospital came to be erected on the land by the co-sharers of the petitioner and allegedly grabbed the share of the petitioner and also in connivance with the revenue people managed to attest the mutation in respect of the 11 marlas of land on the basis of the decree pertaining to 8 marlas. 7. Deputy Commissioner Kupwara shall submit a compliance report to the Registry of this Court within a period of four weeks. 8. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 02.09.2025 “Hilal” S. No.104 Supplementary list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 1195/2025 CRM (M) 718/2023. LATEEF AHMAD KHAN …Petitioner/Appellant(s) Through: Mr. M. Ayoub Bhat, Advocate. Vs. STATION HOUSE OFFICER, POLICE STATION ECONOMIC OFFENCES WING AND ORS. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 02.09.2025 CrlM 1195/2025 in CRM(M) 719/2023 1. Through the medium of the instant application supported with an affidavit, the petitioner seeks the staying of the orders dated 28th December 2023, 22nd February 2025, 18th June 2025, and 29th July 2025, whereby the Court of Chief Judicial Magistrate, Ganderbal is reported to have directed the issuance of non-bailable warrants of arrest against the petitioner in the criminal case (Challan) presented by the Crime Branch, Economic Offences Wing, Srinagar, in respect of FIR No. 57 of 2023. The main ground urged is that the operation of the said FIR already stands stayed by this Court vide order dated 31st January 2024, passed in the main petition, i.e., CRM(M) No. 719 of 2023. 2. Perused the application supported with an affidavit. Also perused the main petition and the minutes of the proceedings passed therein. The main petition is listed for hearing on 22nd September 2025. 3. Perusal of the record reveals that admittedly this Court has stayed the operation of FIR No. 57 of 2023 by order dated 31st January 2024, read with order dated 21st February 2025. Although the final report (Challan) in the said FIR appears to have been filed before the concerned Magistrate on 28th December 2023, i.e., prior to the staying of the operation of the impugned FIR, yet the effect and operation of the orders of this Court, as hereinbefore mentioned, is that the trial court shall not proceed, except subject to any contrary orders of this court. 4. In view of the aforementioned orders passed by this Court, the trial of the main case (Challan) cannot proceed, subject to any contrary orders of this Court. The main petition for quashment of the impugned FIR is still pending disposal. 5. Accordingly, the orders reported to have been issued by the learned trial Magistrate regarding the issuance of non-bailable warrant of arrest against the petitioner are accordingly set aside with the direction to the learned Magistrate to recall the warrants unexecuted, if already issued. The main petition shall come up for hearing on its scheduled date, i.e., 22nd September 2025. 6. CrlM No.1195/2025 is disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 02.09.2025 “Hilal”