Satish Sasan vs State Of J&K on 25 February, 2026

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    Jammu & Kashmir High Court

    Satish Sasan vs State Of J&K on 25 February, 2026

                                                                          2026:JKLHC-JMU:550
    
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
    
    OWP No. 1547/2018                           Reserved on:     10.02.2026
    CM No. 4465/2020                          Pronounced on:     25.02.2026
    CM No. 2900/2019                            Uploaded on:      26.02.2026
    CM No. 5123/2018
                                            Whether the operative part or full
                                            judgment is pronounced: Full
    1. Satish Sasan, Aged 48 years,
       S/o Sh Sukhraj, R/o Mohalla Panditan;
       Ward No.11, Poonch,Tehsil & District Poonch.
    
    2. Sanjay Raina, Aged 53 years,
       S/o Sh. Hari Krishna Raina,
       R/o Mohalla Panditan,Ward No.11, Poonch
       Tehsil & District Poonch.
    
    3. Hardev Lal, Aged 62 years,
       S/o Late Sh. Kaka Ram, R/o Mohalla T. T.
       School, Ward No.13, Poonch,
       Tehsil & District Poonch.                             .... Petitioner(s)
    
                                Through:-    None.
    
                          Vs.
    
    1. State of J&K,
       Through Commissioner/Secretary
       Department of Revenue,
       (In-charge Haj & Auqaf),
       Civil Secretariat, Jammu
    2. Deputy Commissioner, Poonch
    3. Administrator,
        Auqaf Islamia, Poonch Haveli,
        Tehsil, Poonch
     4. Sr. Superintendent of Police,
        Poonch
    5. Divisional Commissioner,
       Jammu                                               .....Respondent(s)
                                Through:-   Mrs. Monika Kohli, Sr. AAG.
                                            Mr. Ayjaz Lone, Advocate.
    
    CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                         JUDGMENT
    

    1. At the outset, this Court deems it appropriate to examine the

    preliminary objection raised by the respondents regarding the

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    maintainability of the present petition. Since the issue of

    maintainability lies at the very foundation of the matter, the Court

    considers it proper to adjudicate the same before entering into the

    merits of the controversy.

    2. It is further relevant to note that despite repeated opportunities, the

    petitioners have chosen not to appear and have remained

    unrepresented. Nevertheless, as the respondents have specifically

    pressed the objection concerning maintainability, this Court proceeds

    to decide the said issue on the basis of the pleadings and material

    available on record.

    Prayer:

    3. The petitioners, through the medium of the present petition, have

    sought the following reliefs:

    “a)Declaring SRO 320 dated 31.08.1985 issued by Secretary to
    Government Haj & Auqaf along-with all acts, deeds and things
    done pursuant there-to or in consequent there-of, including all
    revenue entries, notifications, agreements etc, as bad in law,
    illegal, unconstitutional, null and void ab-initio.

    b) Commanding the Respondents to strike-off all revenue entries
    made in favour of Auqaf as a consequence to the passage of
    impugned SRO 320 dated 31.08.1985 issued by Secretary to
    Government Haj &Auqaf.

    c) Commanding the Respondents to retrieve the lands and
    properties (including the Rent) occupied by the Department of
    Haj and Auqaf as a consequence to the passage of impugned
    SRO 320 dated 31.08.1985.

    Certiorari:

    1) Quashing the communication No.DCP/SQ/1319 dated
    02.11.2012 written by Respondent No.2 to Respondent No.5
    recommending handing over of 5 Kanals; 13 Marlas land

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    (MaqboozaMekhama Janglat- Gair Mumking Building)
    comprised in Khasra No.1436 Shehar Khas Poonch to Auqaf
    Committee.

    Mandamus:

    1) Directing the Respondents to retrieve the land measuring 5
    Kanals; 13 Marlas (MaqboozaMekhama Janglat- Gair
    Mumkin Building) comprised in Khasra No.1436 Shehar Khas
    Poonch from the encroachers/ Auqaf Committee within
    some specified time frame.”

    4. Petitioner No. 1 claims to be the President of Shri Sanatan Dharma

    Sabha, District Poonch. Petitioner No. 2 is an Advocate by

    profession and is also a social activist, writer and opinion maker.

    Petitioner No. 3 is a prominent citizen and social worker.

    5. The petitioners have preferred the present writ petition being

    aggrieved of the issuance of SRO 320 dated 31.08.1985 by the

    respondents, whereby a list of Wakaf properties pertaining to eleven

    villages of Tehsil Poonch was published.

    Brief facts of the case:

    6. It is the case of the petitioners that the SRO 320 dated 31.08.1985

    was issued in violation of the provisions of the J&K Wakafs Act,

    1978, particularly without conducting proper enquiry or preparing

    the report as required under Section 4(3) of the Act, and according to

    the petitioners, the respondents, by abuse of statutory powers,

    included several lands and properties as Wakaf properties in an

    illegal and fraudulent manner.

    7. According to the petitioners, the general public, including the

    petitioners and even certain Government departments, came to know

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    about the issuance and implications of the impugned SRO only in

    March 2017, when the Administrator, Auqaf Islamia, issued an

    eviction notice dated 24.03.2017 under Section 45 of the J&K

    Wakafs Act, 2001, to the District Information Officer, Poonch,

    alleging unauthorized occupation of land measuring 03 Kanals and

    08 Marlas comprised in Khasra No. 1389, which was claimed by the

    Wakaf Department to be Wakaf property.

    8. The further case of the petitioners is similar eviction notices and

    demands were also issued to other Government institutions,

    including Government Degree College, Poonch, as well as to private

    individuals, and in certain cases, rent was also demanded by the

    Wakaf authorities on the basis of the impugned SRO.

    9. Petitioners are particularly aggrieved by the inclusion of various

    Government lands and public utility properties in the impugned

    SRO, including Government Airfield Ground, Government Degree

    College ground, Government Media Complex, Government Parade

    Ground, Deputy Commissioner’s Office and residence, Government

    schools, PWD roads, and other public lands, which, according to the

    petitioners, were wrongly and fraudulently declared as Wakaf

    properties.

    10. It is also averred that the land measuring 08 Kanals and 07 Marlas

    comprised in Khasra No. 1436, including land previously belonging

    to the Forest Department and having a Fire Brigade Building, along

    with additional vacant land measuring 05 Kanals and 13 Marlas, has

    been illegally occupied by the Auqaf authorities without lawful

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    sanction or transfer in their favour. It is stated that the Deputy

    Commissioner, Poonch, vide communication dated 02.11.2012,

    recommended grant of additional land measuring 05 Kanals and 13

    Marlas in favour of Eid Gah/Auqaf Committee, despite

    acknowledging that certain lands notified under SRO 320 were

    actually Government lands pertaining to public institutions and

    utilities.

    11. As per the stand of the petitioners, the said land belonged to the Raja

    of Poonch and was later recorded as State land, and could not have

    been declared as Wakaf property. It is alleged that the respondents,

    in connivance with certain officials, managed to have these lands

    recorded as Wakaf property in the revenue records, and have

    initiated steps to assert possession over lands on which Government

    institutions and public utilities are situated.

    12. The petitioners further submit that, upon gaining knowledge of the

    impugned SRO and its consequences, they submitted various

    representations dated 11.01.2018, 06.02.2018 and 04.07.2018 before

    the concerned authorities, seeking revocation of the impugned SRO

    and conducting of a proper enquiry into the matter. Pursuant thereto,

    the Deputy Commissioner, Poonch, constituted a committee vide

    order dated 11.01.2018, which submitted its report to the authorities.

    13. The petitioners also raised their grievances before the then Chief

    Minister during a Public Durbar held at Poonch on 04.03.2018,

    whereupon directions were issued to the concerned authorities to

    examine the issue. However, according to the petitioners, no effective

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    action was taken by the respondents to redress their grievances.

    Aggrieved of the issuance of impugned SRO 320 dated 31.08.1985, the

    consequential revenue entries, communications, and actions taken by

    the respondents asserting Wakaf ownership over various Government

    and public lands, the petitioners have approached this Court by way of

    the present writ petition.

    14. The petitioners have challenged the impugned SRO and

    consequential actions, inter alia, on the ground that the State cannot

    confer illegal benefits on any particular class of persons on

    communal or religious grounds, as the same would be violative of

    the principle of secularism and the Right to Equality guaranteed

    under Article 14 of the Constitution of India. It is contended that the

    State cannot make improper discrimination by conferring privileges

    upon a class of persons selected on religious considerations.

    According to the petitioners, the respondents have acted arbitrarily

    and in violation of constitutional guarantees by conferring benefits

    upon a chosen class without lawful justification. It is further

    contended that the impugned SRO and the impugned communication

    are also inconsistent with the Directive Principles of State Policy,

    particularly Articles 38(2) and 39(b) of the Constitution of India.

    15. The petitioners have further pleaded that any governmental action

    which fails to satisfy the test of reasonableness and public interest is

    liable to be struck down as invalid, and that the State cannot act in a

    manner which benefits a chosen group at the cost of public interest.

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    16. The petitioners have also contended that even matters of

    governmental policy are subject to judicial review, and that any

    action of the State which fails to satisfy the test of reasonableness

    would be unconstitutional.

    17. The further stand has been taken that the State authorities are bound

    by the doctrine of public trust and are under an obligation to protect

    public property and act in public interest, therefore, the impugned

    SRO and consequential communications constitute an arbitrary and

    unconstitutional exercise of power and are liable to be declared

    illegal, null and void.

    Submissions on behalf of the respondents:

    18. Objections have been filed on behalf of respondent Nos. 1 and 2,

    wherein it is their specific stand that SRO 320 dated 31.08.1985 was

    issued strictly in accordance with the provisions of the J&K Wakafs

    Act, 1978, and that the Wakaf properties existing in District Poonch

    since decades were duly notified after following the prescribed

    statutory procedure. It is further submitted that the said SRO was

    published in the Government Gazette in the year 1985 and has

    attained finality, and therefore, the petitioners cannot challenge the

    same after an inordinate delay of more than three decades.

    19. It is further submitted by the respondents that the Khasra numbers

    mentioned by the petitioners are Wakaf properties, which have been

    duly notified vide the impugned SRO, and that the allegations

    regarding fraudulent inclusion or illegal entries in the revenue

    records are incorrect and denied. It is also contended that the

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    petitioners have no personal or legal interest in the said properties

    and, therefore, have no cause of action to challenge the same.

    20. The respondents have further submitted that Wakaf properties,

    including graveyards, shrines and Eidgahs, have existed since long

    and were duly recognized and protected under law. It is submitted

    that after the enactment of the Wakafs Act, surveys were conducted

    and Wakaf properties were notified in accordance with law,

    including through issuance of SRO 320 dated 31.08.1985.

    21. It is stated that with regard to land measuring 5 Kanals and 13 Marlas

    falling under Khasra No. 1436, the existing Eidgah was insufficient

    to accommodate large gatherings for Eid prayers, and accordingly, a

    proposal was submitted for extension of the Eidgah. It is submitted

    that the additional land was provided for this purpose and that the

    land is presently being used for religious purposes, and a Mosque,

    namely Masjid Eidgah, has also been constructed thereupon.

    22. The respondents have further contended that the Wakaf properties are

    special properties recognized and protected under law, and that the

    issuance of the impugned SRO and consequential revenue entries do

    not violate Article 14 of the Constitution of India. It is submitted that

    no illegal benefit has been conferred upon any person or group, and

    that the impugned SRO was issued in conformity with the provisions

    of the Wakafs Act, 1978 and the Constitution of India.

    23. It is also submitted that the impugned SRO and consequential actions

    have been undertaken in accordance with law and do not suffer from

    any illegality, arbitrariness or unconstitutionality. The respondents

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    have denied that the impugned notification or subsequent actions

    amount to conferment of undue benefit or constitute a colourable

    exercise of power.

    24. Respondent No. 3, i.e., Auqaf Islamia, Poonch, has also filed objections

    to the writ petition, wherein preliminary objections have been raised

    regarding the maintainability of the petition. It is contended that the

    petitioners have no locus standi to maintain the instant writ petition, as

    the properties in question are Wakaf properties and the petitioners have

    no personal or legal interest in the same. It is submitted that no cause of

    action has accrued to the petitioners to invoke the writ jurisdiction of

    this Court.

    25. It is further submitted by respondent No. 3 that Auqaf Islamia is an

    autonomous statutory body and does not fall within the definition of

    “State” under Article 12 of the Constitution of India, and, therefore,

    the present writ petition is not maintainable against the answering

    respondent under Article 226 of the Constitution of India.

    26. Respondent No. 3 has also contended that the writ petition involves

    disputed questions of fact, which cannot be adjudicated upon in writ

    jurisdiction, and that the petition is liable to be dismissed on this

    ground as well. It is further submitted that the impugned SRO dated

    31.08.1985 has been challenged after an inordinate delay of more

    than three decades, and as such, the petition is barred by delay and

    laches and is liable to be dismissed.

    27. It is further submitted that respondent No. 3, being a statutory

    authority under the J&K Wakafs Act, 2001, is duty bound to protect

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    Wakaf properties and is empowered to take action against

    unauthorized occupants of such properties. It is submitted that

    eviction notices issued under Section 45 of the Wakafs Act, 2001

    were in accordance with law and within the jurisdiction of the

    answering respondent.

    28. Respondent No. 3 has also submitted that the Khasra numbers

    mentioned by the petitioners are Wakaf properties which have been

    duly notified and recorded as such. It is contended that the entries in

    the revenue records were made in accordance with SRO 320 dated

    31.08.1985, and that the Government had also issued necessary

    circulars directing revenue authorities to update revenue records

    accordingly.

    29. However, with regard to the land measuring 5 Kanals and 13

    Marlas comprised in Khasra No. 1436, same stand has been

    taken by respondent No. 3 as is taken by respondents 1 and 2.

    30. Respondent No. 3 has further submitted that Wakaf properties are

    special properties recognized and protected under law, and that the

    fact that certain portions of Wakaf properties were under occupation

    of different Government departments or other authorities does not

    alter the character of such properties. It is contended that respondent

    No. 3 is legally bound to safeguard and protect Wakaf properties.

    Legal Analysis:

    31. Heard learned counsel for the parties and perused the pleadings as

    well as the material available on record.

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    32. The primary question which arises for consideration is whether the

    present writ petition is maintainable at the instance of the petitioners

    and whether the petitioners have the requisite locus standi to challenge

    SRO 320 dated 31.08.1985 and the consequential actions taken

    pursuant thereto.

    33. From a bare perusal of the writ petition, it is evident that the

    petitioners have neither pleaded nor demonstrated as to how any of

    their legal, fundamental, or statutory rights have been infringed by

    issuance of the impugned SRO or by the consequential actions taken

    by the respondents. The pleadings are conspicuously silent with

    regard to any personal, direct, or legally enforceable injury suffered

    by the petitioners. In absence of infringement of any legally

    protected right, the very foundation for invoking writ jurisdiction

    under Article 226 of the Constitution of India is rendered

    unsustainable.

    34. It is a settled principle of law that the writ jurisdiction of this Court is

    primarily meant for enforcement of legal rights and cannot be invoked

    at the instance of persons who are mere strangers to the subject matter

    of dispute. The petitioners have not placed on record any material to

    establish their legal interest in the properties in question, which are

    admittedly notified as Wakaf properties. Mere assertion that petitioner

    No. 1 is President of a Sabha, petitioner No. 2 is a social activist, and

    petitioner No. 3 is a prominent citizen, does not confer upon them any

    enforceable legal right so as to maintain the present writ petition. In

    such circumstances, the petitioners cannot be said to be aggrieved

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    persons having the locus standi to invoke the writ jurisdiction of this

    Court.

    35. The Hon’ble Supreme Court in ‘Ayaaubkhan Noorkhan Pathan vs.

    State of Maharashtra and others‘, 2013 SCC 4 465, has held that

    the writ jurisdiction under Article 226 can be invoked only by an

    aggrieved person whose legal or statutory right has been infringed,

    and not by a stranger having no enforceable legal right by holding as

    under:

    “Person aggrieved

    7. It is a settled legal proposition that a stranger cannot be permitted
    to meddle in any proceeding, unless he satisfies the authority/court,
    that he falls within the category of aggrieved persons. Only a person
    who has suffered, or suffers from legal injury can challenge the
    act/action/order, etc. in a court of law. A writ petition under Article
    226
    of the Constitution is maintainable either for the purpose of
    enforcing a statutory or legal right, or when there is a complaint by the
    appellant that there has been a breach of statutory duty on the part of
    the authorities. Therefore, there must be a judicially enforceable right
    available for enforcement, on the basis of which writ jurisdiction is
    resorted to. The Court can, of course, enforce the performance of a
    statutory duty by a public body, using its writ jurisdiction at the behest
    of a person, provided that such person satisfies the Court that he has a
    legal right to insist on such performance. The existence of such right is
    a condition precedent for invoking the writ jurisdiction of the courts. It
    is implicit in the exercise of such extraordinary jurisdiction that the
    relief prayed for must be one to enforce a legal right. In fact, the
    existence of such right, is the foundation of the exercise of the said
    jurisdiction by the Court. The legal right that can be enforced must
    ordinarily be the right of the appellant himself, who complains of
    infraction of such right and approaches the Court for relief as regards
    the same. [Vide The State Of Orissa v. Madan Gopal Rungta.
    AIR 1952
    SC 12, Saghir Ahmad v. State of U.P AIR 1954 SC 728, Calcutta Gas Co.

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    (Proprietary) Ltd. v. State of W.B AIR 1962 SC 1044, Rajendra
    Singh v. State of M.P (1996) 5 SCC 460, AIR 1996 SC 2736 and Tamilnad
    Mercantile Bank Shareholders Welfare Assn. (2) v. S.C Sekar (2009) 2
    SCC 784.]

    9. In Anand Sharadchandra Oka v. University of Mumbai (2008) 5 SCC
    217, AIR 2008 SC 1289, a similar view was taken by this Court,
    observing that, if a person claiming relief is not eligible as per
    requirement, then he cannot be said to be a person aggrieved
    regarding the election or the selection of other persons.

    12. In A. Subash Babu v. State of A.P (2011) 7 SCC 616, AIR 2011 SC
    3031, this Court held:

    “25. … The expression ‘aggrieved person’ denotes an elastic and
    an elusive concept. It cannot be confined within the bounds of a
    rigid, exact and comprehensive definition. Its scope and meaning
    depends on diverse, variable factors such as the content and
    intent of the statute of which the contravention is alleged, the
    specific circumstances of the case, the nature and extent of the
    complainant’s interest and the nature and the extent of the
    prejudice or injury suffered by the complainant.”

    36. This Court also finds merit in the preliminary objections raised by the

    respondents that the petitioners lack locus standi to maintain the

    present petition. The petitioners have failed to demonstrate any

    personal, legal, or enforceable right in respect of the subject matter

    of the writ petition. No material has been placed on record to show

    that any legal injury has been caused to them or that any cause of

    action has accrued in their favour. In absence of infringement of any

    legal right, the petitioners cannot be held to be aggrieved persons so

    as to invoke the writ jurisdiction of this Court under Article 226 of

    the Constitution of India.

    37. The Hon’ble Apex Court in ‘Kishore Samrite vs. State of U.P. and

    others‘, (2013) SCC 2 398, has held as under:

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    “52. On the analysis of the above principles, it is clear that a person
    who brings a petition even for invocation of a fundamental right
    must be a person having some direct or indirect interest in the
    outcome of the petition on his behalf or on behalf of some person
    under a disability and/or unable to have access to the justice
    system for patent reasons. Still, such a person must act bona fide
    and without abusing the process of law. Where a person is a
    stranger/unknown to the parties and has no interest in the
    outcome of the litigation, he can hardly claim locus standi to file
    such petition. There could be cases where a public-spirited person
    bona fide brings petition in relation to violation of fundamental
    rights, particularly in habeas corpus petitions, but even in such
    cases, the person should have some demonstrable interest or
    relationship to the involved persons, personally or for the benefit of
    the public at large, in a PIL. But in all such cases, it is essential that
    the petitioner must exhibit bona fides, by truthful and cautious
    exercise of such right. The courts would be expected to examine
    such requirement at the threshold of the litigation in order to
    prevent abuse of process of court. In the present case, both the
    appellant and Respondent 8 are total strangers to the three
    mentioned petitioners. The appellant, in fact, is a resident of
    Madhya Pradesh, belonging to a political party and was elected
    from Constituency Tehsil Lanji in District Balaghat at
    Madhya Pradesh. He has no roots in Amethi and, in fact, he was a
    stranger to that place. The appellant as well as Respondent 8 did
    not even know that the persons on whose behalf they have acted
    as next friend had shifted their residence in the year 2010 to
    Hardoia in District Faizabad. They have made false averments in
    the petition and have withheld true facts from the Court.”

    38. Similarly, in ‘Jasbhai Motibhai Desai vs. Roshan Kumar and

    others‘, (1976) SCC 1 671, has held as under:

    “34. This Court has laid down in a number of decisions that in order
    to have the locus standi to invoke the extraordinary jurisdiction
    under Article 226, an applicant should ordinarily be one who has a

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    personal or individual right in the subject-matter of the
    application, though in the case of some of the writs like habeas
    corpus or quo warranto this rule is relaxed or modified. In other
    words, as a general rule, infringement of some legal right or
    prejudice to some legal interest inhering in the petitioner is
    necessary to give him a locus standi in the matter,
    (see The State Of Orissa v. Madan Gopal Rungta.
    AIR 1952 SC 12,
    1952 SCR 28; Calcutta Gas Co. v. State of W.B AIR 1962 SC 1044,
    1962 Supp (3) SCR 1; Ram Umeshwari Suthoo v. Member, Board
    of Revenue, Orissa (1967) 1 SCA 413; Gadde Venkateswara Rao v.
    Government of A.P
    AIR 1966 SC 828, (1966) 2 SCR 172; State of
    Orissa v. Rajasaheb Chandanmall
    (1973) 3 SCC
    739; Satyanarayana Sinha Dr v. S. Lal & Co. (1973) 2 SCC 696).”

    39. Applying the aforesaid settled legal principles to the facts of the

    present case, this Court is of the considered view that the petitioners

    have failed to establish any legal right or legally protected interest in

    respect of the subject matter of the writ petition. The petition,

    therefore, suffers from lack of locus standi and is not maintainable.

    40. Apart from the issue of locus standi, this Court also finds that the writ

    petition involves serious disputed questions of fact relating to the

    nature, character, and ownership of the properties in question, and

    the validity of revenue entries made pursuant to the impugned SRO.

    Such questions require appreciation of evidence and adjudication

    upon disputed factual issues, which cannot be undertaken in exercise

    of writ jurisdiction under Article 226 of the Constitution of India.

    41. The Hon’ble Supreme Court in “Board of Wakf, West Bengal vs.

    Anis Fatma Begum and another‘, 2010 SCC 14 588, held as

    under:

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    “10. In our opinion, all matters pertaining to Wakfs should be
    filed in the first instance before the Wakf Tribunal constituted
    under Section 83 of the Wakf Act, 1995 and should not be
    entertained by the Civil Court or by the High Court straightaway
    under Article 226 of the Constitution of India.”

    42. Another significant aspect which renders the present writ petition

    liable to be dismissed is the inordinate and unexplained delay in

    challenging the impugned SRO. The impugned SRO was issued on

    31.08.1985 and has remained in force for more than three decades.

    The present writ petition has been filed after an extraordinary lapse

    of time without furnishing any satisfactory explanation for such

    delay.

    43. It is well settled that writ jurisdiction is discretionary and equitable in

    nature, and a person who approaches the Court after an inordinate and

    unexplained delay is not entitled to invoke such extraordinary

    jurisdiction. The Hon’ble Supreme Court in “Mrinmoy Maity vs

    Chhanda Koley and others“, Civil Appeal No. 5027/2024, decided

    on 18.04.2024, has held that writ petitions filed after considerable and

    unexplained delay are liable to be dismissed on the ground of delay and

    laches alone by holding as under:

    “9. Having heard rival contentions raised and on perusal of the
    facts obtained in the present case, we are of the considered view
    that writ petitioner ought to have been non-suited or in other
    words writ petition ought to have been dismissed on the ground of
    delay and laches itself. An applicant who approaches the court
    belatedly or in other words sleeps over his rights for a considerable
    period of time, wakes up from his deep slumber ought not to be
    granted the extraordinary relief by the writ courts. This Court time
    and again has held that delay defeats equity. Delay or laches is one

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    of the factors which should be born in mind by the High Court while
    exercising discretionary powers under Article 226 of the
    Constitution of India. In a given case, the High Court may refuse to
    invoke its extraordinary powers if laxity on the part of the
    applicant to assert his right has allowed the cause of action to drift
    away and attempts are made subsequently to rekindle the lapsed
    cause of action.”

    44. Similarly, in ‘Chennai Metropolitan Water Supply & Sewerage

    Board and others vs. T.T. Murali Babu, (2014) 4 SCC 108, has

    held as under:

    “16. Thus, the doctrine of delay and laches should not be lightly
    brushed aside. A writ court is required to weigh the explanation
    offered and the acceptability of the same. The court should bear in
    mind that it is exercising an extraordinary and equitable
    jurisdiction. As a constitutional court it has a duty to protect the
    rights of the citizens but simultaneously it is to keep itself alive to
    the primary principle that when an aggrieved person, without
    adequate reason, approaches the court at his own leisure or
    pleasure, the court would be under legal obligation to scrutinize
    whether the lis at a belated stage should be entertained or not. Be
    it noted, delay comes in the way of equity. In certain circumstances
    delay and laches may not be fatal but in most circumstances
    inordinate delay would only invite disaster for the litigant who
    knocks at the doors of the court. Delay reflects inactivity and
    inaction on the part of a litigant — a litigant who has forgotten the
    basic norms, namely, “procrastination is the greatest thief of time”

    and second, law does not permit one to sleep and rise like a
    phoenix. Delay does bring in hazard and causes injury to the lis.”

    Conclusion:

    45. In the present case, the impugned notification has attained finality

    over a long period of time, and entertaining such belated challenge

    17 | P a g e
    2026:JKLHC-JMU:550

    would unsettle settled rights and legal positions, which is

    impermissible in law.

    46. In view of the aforesaid discussion, and without entering into the

    merits of the controversy, this Court is of the considered opinion that

    the petitioners have failed to establish that they are aggrieved persons

    having the requisite locus standi to maintain the present writ petition.

    The writ petition is, accordingly, held to be not maintainable.

    47. Accordingly, the writ petition stands dismissed along with all

    connected applications, if any.

    (Wasim Sadiq Nargal)
    Judge

    Jammu:

    25.02.2026
    Michal Sharma/PS

    Whether approved for reporting : Yes/No
    Whether order is speaking : Yes

    18 | P a g e



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