MOHAMMAD AMIN ZARGAR v. UNION TERRITORY OF J AND K AND OTHERS (HOUSING AND URBAN DEVELOPMENT)
LPA/116/2026 · 2026-07-01
A, Mohd Yousuf Wani
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 1615 (JK) · dailylaw.ai ]
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[ 2026 DAILYLAW 1615 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 01 REGULAR CAUSE LIST
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR LPA 116/2026 CM 3445/2026 Mohammad Amin Zargar …Appellant(s) Through: Mr. S.S. Rizvi, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through:
CORAM:
HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER 01.07.2026
01. Impugned in this appeal filed under Clause 12 of the Letters Patent is an order and judgment dated 8th April, 2026, passed by the learned Single Judge of this Court [“the writ Court”] in WP(C) No. 700/2026 titled “Mohammad Amin Zargar Vs. Union Territory of J&K and Ors.”, whereby the writ petition preferred by the appellant came to be dismissed as not maintainable.
02. The short grievance projected by the learned counsel for the appellant before us is that though the Srinagar Municipal Corporation had granted permission in favour of the respondent No. 4 for raising the residential construction over the land falling under Survey No. 1076/603/69 situated at estate Gund Hasi Bhat and not over the land falling under Khasra No. 604 of the same estate which is claimed by the appellant to be owned by him. He, MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 02.07.26
however, apprehends that in the garb of the permission granted by the Srinagar Municipal Corporation, the respondent No. 4 may encroach upon his ownership land falling under Khasra No. 604 of the estate in question.
03. Having heard learned counsel for the appellant and perused the material on record, we are of the considered opinion that the judgment passed by the writ Court is legally perfect and does not call for any interference. The writ Court has rightly dismissed the writ petition as not maintainable on the ground that the building permission granted by the Srinagar Municipal Corporation pertains exclusively to the land belonging to the respondent No. 4 and, therefore, the appellant has no cause of action to maintain this petition. It seems that the appellant has some dispute with regard to the identity of his land and for which the remedy lies before the Revenue Authorities.
04. In view of the aforesaid, we find no merit in this appeal and the same is, accordingly, dismissed. It is, however, made clear that nothing said by us in this order shall come in the way of the appellant to avail the appropriate remedy available to him under the law before the competent forum.
(Mohd Yousuf Wani) (Sanjeev Kumar) Judge
Chief Justice (Acting)
SRINAGAR: 01.07.2026
“Mir Arif”
MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 02.07.26