Disposed¶22

Nasir Azam Khan v. Union Territory of J and K and Ors. (Revenue)

J&K HC2 Dec 2025CM(M)/500/2025

Case brief

AI extract

What is this about?

Custodian Evacuee Property Kashmir; direction to pronounce judgment/order; Section 14 Jammu and Kashmir Evacuees (Administration of Property) Act 2006; Nasir Azam Khan Vs. Ghulam Qadir Lone; status quo orders; execution subject to orders in writ petitions; WP(C) 1632/2024, 1716/2024, 1741/2024; CM(M) 500/2025; High Court of Jammu & Kashmir and Ladakh at Srinagar; Justice Sanjay Dhar; disposed of; listed 23.02.2026.

What did the court decide?

Direction issued to the Custodian Evacuee Property, Kashmir, Srinagar to pronounce the order in Nasir Azam Khan Vs. Ghulam Qadir Lone and Others most expeditiously; execution of the proposed judgment/order made subject to orders passed in the connected writ petitions. CM(M) 500/2025 disposed of; WP(C) Nos. 1632/2024, 1716/2024 and 1741/2024 listed on 23.02.2026. ¶22

Nasir Azam Khan Vs Union Territory of J and K and Ors. (Revenue) — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct the Custodian Evacuee Property, Kashmir to pronounce the judgment/order pending in the case arising from the petitioner's application under Section 14 of the Jammu and Kashmir Evacuees (Administration of Property) Act, 2006. +1 more

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Court's answer

Since the Custodian Evacuee Property, Kashmir has already heard the arguments, the judgment/order should be delivered without delay, as any delay may compel the parties to address arguments afresh if the present incumbent is transferred.

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Ratio / Principle

The respondent/Custodian Evacuee Property Kashmir, Srinagar is directed to pronounce the order in the case titled Nasir Azam Khan Vs. Ghulam Qadir Lone and Others most expeditiously.

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Key takeaways

Execution of any judgment/order that may be passed by the Custodian shall be subject to the orders that may have been passed in the other connected writ petitions (i.e., the status quo orders).ratio¶21

Detailed headnote1 paragraphs

Order (single Bench, Sanjay Dhar, J., dated 02.12.2025, High Court of Jammu & Kashmir and Ladakh at Srinagar): In CM(M) 500/2025 the petitioner sought a direction to the Custodian Evacuee Property, Kashmir to pronounce the judgment/order pending in his case arising from an application under Section 14 of the Jammu and Kashmir Evacuees (Administration of Property) Act, 2006, titled Nasir Azam Khan Vs. Ghulam Qadir Lone and others. Noting that arguments had already been heard and that delay could force a fresh hearing if the incumbent Custodian were transferred, the Court directed the Custodian to pronounce the order most expeditiously; however, execution of the forthcoming Custodian order was expressly made subject to the status quo orders operating in connected writ petitions WP(C) 1632/2024, 1716/2024 and 1741/2024, which concern the same parcel of land and were listed for 23.02.2026. Main petition disposed of.

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02 Regular

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CM(M) 500/2025 C/w WP(C) 1632/2024 WP(C) 1716/2024 WP(C) 1741/2024

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NASIR AZAM KHAN

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….. Petitioner (s)

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Through: Mr. Vikas Malik, Advocate.

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V/s

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UNION TERRITORY OF J AND K AND ORS. ….. Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Maha Majid, Advocate.

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Coram:

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Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER

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02.12.2025

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CM(M) No. 500/2025:

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The petitioner, through the medium of present petition, has sought a direction upon the respondent-Custodian Evacuee Property, Kashmir, Srinagar to pronounce the judgment/order in the case titled Nasir Azam Khan Vs. Ghulam Qadir Lone and others arising from the application of the petitioner under Section 14 of Jammu and Kashmir Evacuees (Administration of Property) Act, 2006.

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On 17.11.2025, a direction was issued to the Registry to attach the record of WP(C) No. 1632/2024, 1716/2024 and

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P a g e | 2 CM(M) 500/2025 C/w WP(C) 1632/2024 WP(C) 1716/2024 WP(C) 1741/2024

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1741/2024. These writ petitions apparently pertain to same parcel of land which is subject matter of the present petition. A perusal of the record of those writ petitions would reveal that the status quo orders have been passed with regard to the land which is subject matter of those writ petitions.

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Mr. Mohsin Qadiri, learned Sr. AAG appearing on behalf of the respondents has submitted that because of these status quo orders passed in other writ petitions, even if the judgment is pronounced by the respondents-Custodian, it may not be possible to implement the said judgment in view of the status quo orders operating in other writ petitions.

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Having regard to the fact that the respondent-Custodian Evacuee Property, Kashmir has already heard the arguments in the case, it would be appropriate that judgment/order is delivered by the said Officer as any delay in passing of the judgment/order may lead to a situation where the parties may have to address the arguments all over again in case the present incumbent is transferred.

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Therefore, the respondent/Custodian Evacuee Property Kashmir, Srinagar is directed to pronounce the order in case

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P a g e | 3 CM(M) 500/2025 C/w WP(C) 1632/2024 WP(C) 1716/2024 WP(C) 1741/2024

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titled Nasir Azam Khan Vs. Ghulam Qadir Lone and Others most expeditiously. However, so far as the execution of the proposed judgment/order that may be passed by the Custodian is concerned, the same shall be subject to orders that may have been passed in other writ petitions.

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Disposed of.

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WP(C) No. 1632/2024, 1716/2024 & 1741/2024:

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List these petitions on 23.02.2026.

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(Sanjay Dhar) Judge

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SRINAGAR 02.12.2025 Aasif

Nasir Azam Khan v. Union Territory of J and K and Ors. (Revenue)

Case brief

What is this about?

What did the court decide?

Nasir Azam Khan v. Union Territory of J and K and Ors. (Revenue)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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