Mohammad Shaban Sheikh Vs Union Territory of J and K and Others (Revenue)

This Court, after hearing learned counsel for the petitioner and perusing the record, is of the view that the present petition involves disputed questions of fact, which cannot appropriately be adjudicated upon in exercise of the writ jurisdiction under Article 226 of the Constitution of India. Even otherwise, the issues projected in the present petition are essentially civil in nature and require adjudication by the appropriate forum in accordance with law. The petitioner has, however, not availed the said remedy and has filed the instant petition.

In the aforesaid backdrop, this Court is of the view that the instant petition is not maintainable and is, accordingly, dismissed, as it raises disputed questions of fact. However, dismissal of the present petition shall not come in the way of the petitioner in agitating his cause before the appropriate forum in accordance with law, if so advised. It is, however, clarified that this Court has not expressed any opinion on the merits of the controversy.

SRINAGAR 16.09.2026 Mubashir

(WASIM SADIQ NARGAL) JUDGE

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