Partly allowed

Mohammad Aslam Sheikh v. Union Territory of J and K and Others (Revenue)

J&K HC1 Sept 2026LPA/202/2026

Case brief

AI extract

What is this about?

This Letters Patent appeal questioned the validity of an eviction direction issued without notice. The bench modified theirection to ensure the petitioner is heard and the pendency of a related civil suit is considered before any eviction action.

What did the court decide?

Modification of the impugned order to direct the respondent to hear the appellant and consider the pendency of a civil suit before initiating eviction.

Mohammad Aslam Sheikh Vs Union Territory of J and K and… — Property and Title | J&K HC (2026)

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Serial No.45 SUPP CAUSE LIST

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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LPA 202/2026

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MOHAMMAD ASLAM SHEIKH

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…Petitioner/Appellant(s)

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Through: Mr. Parvaiz Lone, Advocate

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Vs.

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UT OF J&K AND ORS. ...Respondent(s)

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Through:

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CORAM:

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HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE

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ORDER

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01.09.2026

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This is appeal under Clause 12 of the Letters Patent filed by the

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appellant to assail the order dated 29^th July, 2026, passed by the learned Single Judge of this Court [“the writ Court”] in WP(C) No. 1778/2026, titled “Mohammad Aslam Sheikh Vs. UT of J&K and others ”, whereby the writ Court has disposed of the petition with a direction to the respondent No. 4 to consider and act upon the recommendations as well as the Eviction Notice dated 09.07.2024, issued by the competent authority, strictly in accordance with law, within a period of one month from the date a copy of the order is served upon him.

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The impugned order has been challenged by the appellant on the ground that the same has been passed by the writ Court on the very first motion hearing day without putting him on notice. He submits that, had he been put on notice, he would

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Arif Hameed I attest to the accuracy and authenticity of this document 02.09.2026 17:19

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have brought to the notice of the learned writ Court that there is a suit between the appellant and the Union Territory pending disposal before the court of the learned Munsiff Boniyar.

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Having heard learned counsel for the appellant and perused the material on record, we are of the considered opinion that this appeal can be disposed of by providing that, while initiating any action of eviction against the appellant herein in terms of the impugned judgment dated 29^th July, 2026, the respondent No. 4 shall not only hear the appellant but shall also take into consideration the pendency of the civil suit between the appellant and the Union Territory.

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With the aforesaid modification, this appeal is, accordingly, disposed of.

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(Mohd Yousuf Wani) (Sanjeev Kumar) Judge Chief Justice (Acting)

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SRINAGAR: 01.09.2026 “ARIF”

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Arif Hameed I attest to the accuracy and authenticity of this document 02.09.2026 17:19

Mohammad Aslam Sheikh v. Union Territory of J and K and Others (Revenue)

Case brief

What is this about?

What did the court decide?

Mohammad Aslam Sheikh v. Union Territory of J and K and Others (Revenue)

Case brief

What is this about?

What did the court decide?

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