Serial No.17 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 218/2026 CM(530/2026) Gazalla Jeelani …Petitioner(s) Through: Mr. Ishtiyaq Ahmad Mir, Advocate. Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA. CORAM: Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge. ORDER 19.05.2026 01. Through the medium of the instant petition filed under Article 226 of the Constitution, the petitioner has sought the following relief(s) a. Issue a writ of Certiorari quashing the rejection order passed by the Tehsildar, Beerwah and the appellate order passed by the Deputy Commissioner, Budgam; b. Issue a writ of Mandamus directing the respondents to issue the Resident of Backward Area (RBA) Certificate to the petitioner forthwith, on the basis of documents already submitted; c. Declare that temporary stay outside permanent residence for educational purposes does not disentitle an applicant from RBA certification; d. Pass any other order or direction which this Hon’ble Court may deem fit in the interest of justice. 02. The learned counsel for the petitioner submits that the Order passed by the Tehsildar, Beerwah, which is subject matter of the instant writ petition, is non-speaking, inasmuch as no reasons have been assigned therein, and this aspect of the matter has also not been considered by the Appellate Authority i.e. Deputy Commissioner, Budgam, while upholding the same without examining whether the order impugned was a speaking order or not. 03. Today, when the instant case was taken up for consideration, Mr. Ilyas Nazir Laway, learned Government Advocate, fairly submits that he has gone through the order impugned and acknowledges the fact that the same is a non- speaking order. He accordingly submits that the matter may be remanded back to the concerned Tehsildar for passing a detailed speaking order, assigning reasons thereof in the light of the settled legal position and the facts projected by the petitioner in the writ petition. 04. In view of the statement made by Mr. Ilyas Nazir Laway, learned Government Advocate, the instant writ petition is allowed and the order passed by the Tehsildar, Beerwah bearing reference No. JK-REV-SEB/2024/24718 as also the order passed by the Appellate Authority i.e. Deputy Commissioner, Budgam dated 18th December, 2025 are hereby quashed. The matter is remanded back to the Tehsildar, Beerwah for passing a fresh order after providing an opportunity of hearing to the petitioner and also affording him an opportunity to produce the relevant record, if required, before passing a fresh speaking order. 05. It is expected that the Tehsildar, Beerwah shall pass fresh orders after hearing all the stakeholders, including the petitioner herein, in the light of the record and strictly in accordance with law, expeditiously, preferably within a period of six weeks from the date a copy of this order is made available to him. 06. The writ petition is accordingly disposed of along with connected application(s) in the above terms. (Wasim Sadiq Nargal) Judge SRINAGAR: 19.05.2026 “HAMID”