Quashed

Ghulam Rasool Rather v. Union Territory of J and K and Ors. (School Education Department)

J&K HC7 Jul 2025WP(C)/2790/2021

Case brief

AI extract

What is this about?

Petitioner sought quashing of a communication by the CEO Budgam directing action against a building owner, issued pursuant to an interim writ court direction later set aside by the Division Bench with status quo directions. The single judge quashed that communication and allowed the petition to that extent, disposing it as infructuous; the clubbed WP(C) 2587/2021 was listed for continuation.

What did the court decide?

Impugned communication of respondent No 4 quashed; WP(C) 2790/2021 allowed to that extent and disposed as infructuous; WP(C) 2587/2021 listed for continuation on 16.07.2025.

Ghulam Rasool Rather Vs Union Territory of J and K and Ors… — Property and Title | J&K HC (2025)

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Serial No. 31 Regular Cause list

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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WP(C) 2587/2021 CM(7666/2023) CM(8165/2023) c/w WP(C) 2790/2021 CM(8669/2021)

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ABDUL QAYUM RESHI AND ANR.

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…Appellant(s)/Petitioner(s)

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Through: Mr. Sheikh Hilal, Advocate in WP(C) 2587/2021 Ms. Asma, Advocate in WP(C) 2790/2021

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Vs.

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UNION TERRITORY OF J AND K AND ORS.

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...Respondent(s)

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Through: Mr. G.A Lone, Sr. Advocate for R-9 Mr. Waseem Gul, GA Ms. Asma, Advocate for WP(C) 2857/2021

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CORAM:

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HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.

ORDER

07.07.2025

WP(C) 2790/2021:

Ms. Asma, learned counsel fairly submits that through the medium of the instant petition, she has called in question communication dated 18.12.2021, which has been issued by the respondent No 4- CEO, Budgam, in terms of which, SHO, Budgam, has been requested to take action against the owner of the building, which according to learned counsel for the petitioner, has been issued in pursuant to interim direction passed by this Court in the clubbed petition WPC 2587/2021. Learned counsel further submits that the aforesaid direction passed by the learned writ court dated 14.12.2021 has been challenged before the Hon’ble Division Bench of this Court in LPA 178/2021 and the Hon’ble Division Bench set aside the aforesaid order, with a further direction to maintain status quo and the LPA preferred against the aforesaid order stands disposed of.

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Thus, in light of the order of the Hon’ble Division Bench, the instant petition, with the efflux of time is rendered infructuous.

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Learned counsel for the petitioner submits that in light of the order passed by the Hon’ble Division Bench, the aforesaid order passed by the respondent No 4 does not survive as the same is in compliance to order passed by the learned writ court mentioned supra, which has also been set aside by the Hon’ble Division Bench.

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In light of the statement made by the learned counsel for the petitioner as also in light of order passed by the Hon’ble Division Bench, the order passed by the respondent No 4, impugned in the present petition is hereby quashed and the writ petition to that extent is allowed.

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Disposed of as rendered infructuous.

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WP(C) 2587/2021

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Heard in part.

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List for continuation in the Supplementary Causelist on 16.07.2025.

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(WASIM SADIQ NARGAL) JUDGE

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SRINAGAR:

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“ Adil Ismail ”

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07.07.2025

Ghulam Rasool Rather v. Union Territory of J and K and Ors. (School Education Department)

Case brief

What is this about?

What did the court decide?

Ghulam Rasool Rather v. Union Territory of J and K and Ors. (School Education Department)

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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