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High Court of Jammu and Kashmir · body

2025 DAILYLAW 9389 (JK)

BASHIR AHMAD MALIK AND ANR v. U.O.I (MINISTRY OF DEFENCE) AND ORS

WP(C)/2486/2024 · 2025-05-26

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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Serial No.108 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM/4034/2025 in WP(C)/2486/2024 BASHIR AHMAD MALIK AND ANR. …Appellant(s)/Petitioner(s) Through: Mr. M.A Wani, Advocate Vs. U.O.I (MINISTRY OF DEFENCE) AND ORS. ...Respondent(s) Through: Mr. T.M Shamsi, DSGI with Ms. Yasmeen Jan, and Faizan Ah Ganie, CGC for R-1 and 3 CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 09.07.2025 CM(4034/2025): 1. The record reveals that this Court vide order dated 26.05.2025, with the consent of the learned counsel for the parties, disposed of the writ petition WP(C) 2486/2024 in the following manner: “In view of the above, this petition with the consent of learned counsel for the parties is taken up for final disposal and the same is disposed of with a direction that Board constituted by the respondent Nos. 1,3 and 4 shall take up the matter with No. 2 (Deputy Commissioner, Kupwara) for fixation of rent within one week from today and, subject to referring the matter to the Deputy Commissioner, Kupwara, the decision in this regard shall be taken by the Deputy Commissioner, Kupwara, within a period two week thereafter. Upon such decision having being taken by the respondent No. 2, the respondents 1,3 and 4 shall pay rent of the property in question to the petitioners within two weeks, thereafter, for the period the land has been occupied by the respondent No. 3. In case, the respondents intend to occupy the land on permanent basis, then the respondents are directed to acquire the same after following due process of law and not otherwise. It is made clear that in case the decision is not taken by the respondents within the aforesaid period, this Court will be constrained to initiate coercive measures against the respondent(s).” 2. The instant application has been preferred by respondent No 1 and 3 for seeking extension of time for depositing the amount as directed by this Court vide order dated 26.05.2025 mentioned hereinabove. 3. Heard learned counsel for the parties and perused the record. 4. For the reasons stated in the application, coupled with what has been argued and also in light of the no objection on behalf of the petitioner, the same is allowed. Time is extended by two months for complying the order dated 26.05.2025 passed by this Court in case titled Bashir Ahmad Malik and Anr. Vs Union of India & Ors in WP(C) 2486/2024. 5. CM is accordingly disposed of. 6. This order be read in continuation of earlier order dated 26.05.2025 passed by this Court in WP(C) 2486/2024. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 09.07.2025 “Adil Ismail”