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2026 DAILYLAW 3583 (JK)

HAYAT MUBEEN v. UNION TERRITORY OF J AND K (REVENUE) AND OTHERS)

WP(C)/2300/2026 · 2026-09-28

Wasim Sadiq Nargal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 8 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2300/2026 CM(6265/2026) HAYAT MUBEEN …PETITIONER(S) Through: Mr. Areeb Javed Kawoosa, Advocate. V/s. UNION TERRITORY OF J AND K AND OTHERS ...RESPONDENT(S) Through: Mr. Mohsin S. Qadri, Sr. AAG with Mr. Ilyas Nazir Laway, GA. CORAM: Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge. ORDER 28.09.2026 01. The petitioner, through the medium of the instant petition, has sought the following reliefs: 1. Issue a writ, order or direction in the nature of Mandamus directing Respondents to take immediate and effective steps, in accordance with Sections 30 and 33 of the Jammu and Kashmir Tenancy Act, 2025 for appointment/designation and operationalization of the Rent Authority and Rent Court for District Srinagar; 2. Issue a writ, order or direction commanding the respondents to ensure that the statutory forums contemplated under Sections 30 and 33 of the Jammu and Kashmir Tenancy Act, 2025 are made functional within a time-bound period to be fixed by this Hon'ble Court, so that the remedies created under the Act are not rendered illusory; 3. Issue a writ, order or direction commanding the respondents to receive, register and place before the competent Rent Court the applications already submitted by the petitioner under Sections 21 of the Jammu and Kashmir Tenancy Act, 2025, and to ensure their consideration and disposal by the competent Rent Court strictly in accordance with law; 4. Direct that, upon constitution/designation of the Rent Court, the applications of the petitioner under Sections 21 of the Act shall be taken up and considered expeditiously, having regard to the statutory timelines prescribed under Section 35 of the Act; and 5. Any other order or direction which this Hon'ble Court may deem fit and proper in attending circumstances of the case may also be passed in favour of the petitioners and against the Respondents. 02. The record reveals that the matter was listed before this Court on 16.09.2026, on which date Mr. Hakim Aman Ali, learned Deputy Advocate General was directed to have instructions in the matter. Thereafter, another opportunity was granted to Mr. Mohsin S. Qadri, learned Senior Additional Advocate General to report instructions in the matter. 03. Today, when the instant matter was taken up, Mr. Mohsin Qadri, learned Senior Additional Advocate General along with Mr. Ilyas Nazir Laway, learned Government Advocate, appearing on behalf of the respondents, fairly submits at the Bar that the respondents have already acted in furtherance of the prayer sought in the instant writ petition, wherein the petitioner has sought a writ in the nature of Mandamus, directing the respondents to take immediate and effective steps in accordance with Sections 30 and 33 of the Jammu and Kashmir Tenancy Act for appointment/designation and operationalization of the Rent Authority and Rent Court for District Srinagar, within a time-bound manner. 04. Mr. Mohsin Qadri, learned Senior Additional Advocate General along with Mr. Ilyas Nazir Laway, learned Government Advocate submits that the respondents have already conveyed to all the Deputy Commissioners of the Union Territory of Jammu and Kashmir to give their inputs, and in compliance thereto, some of the Deputy Commissioners have already given their inputs. He further submits that as and when the inputs are received from all the concerned Deputy Commissioners, the respondents will take a final call expeditiously, and preferably within a period of two months, with regard to the appointment/designation and operationalization of the Rent Authority and Rent Court for the entire Union Territory, which falls within the realm of a policy decision. 05. In the light of the statement made by the learned Senior Additional Advocate General no fruitful purpose will be served by keeping this petition alive, as the grievance projected in the instant petition stands redressed. Accordingly, the same is disposed of, along with all connected CM(s). 06. Needless to say, if the grievance of the petitioner is not redressed within the time hereby granted, he shall be at liberty to avail the appropriate remedy as may be available to him under law. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 28.09.2026 “Hamid” Abdul Hamid Bhat I attest to the accuracy and authenticity of this document