Hotel International Sonwar vs Union Of India Th. Secretary To on 30 March, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Hotel International Sonwar vs Union Of India Th. Secretary To on 30 March, 2026

                                                               Serial No. 6
                                                            Regular Cause List
         IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT SRINAGAR
          CM (1434/2026) in WP(C) 2484/2025 CM (6601/2025)
     Hotel International Sonwar
     Bagh Srinagar Th. Prop
                                                      ...Petitioner(s)/Appellant(s).
     Through:        Mr. Syed Faisal Qadri, Sr. Advocate with
                     Mr. Numan Zargar and Ms. Snober, Advocates.
                                           Vs.
     Union of India Th. Secretary to
     Ministry of Home Affairs and Ors                             ...Respondent(s).
     Through:        Mr. T.M. Shamsi, DSGI with
                     Mr. Faizan Ahmad Ganie, CGC and
                     Ms. Bisma Ali, Advocate for R1 & 5.
     CORAM:
             HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
                               ORDER
    

    30.03.2026

    1. Through the medium of the instant petition filed on 07.10.2025, the

    SPONSORED

    petitioner has averred the non-disbursement of arrears of rent payable to him

    by the respondents 3 to 5 on account of the use and occupation of the

    premises and the building of his hotel i.e. Hotel International Sonwar Bagh

    Srinagar w.e.f. February, 2025 till date.

    2. The petitioner has accordingly sought for issuance of writs in the

    nature of mandamus for commanding/directing the said respondents to

    release the lawfully payable and admitted arrears of rent amounting to Rs.

    5259072/- (Fifty-Two Lakhs Fifty None Thousand and Seventy-Two

    Rupees) on account of the use and occupation of his hotel by 79 Battalion

    CRPF, together with interest as this Court deems fit.

    3. The writ petition is pending disposal and respondents are yet to file

    their reply in the matter.

    4. The learned counsel for the petitioner has invited the attention of the

    Court towards some communications made by the Range Police
    Headquarters, Srinagar to the respondent No. 5 i.e. Commandant 79

    Battalion CRPF and to Financial Advisor/CAO PHQ J&K, Jammu in respect

    of the matter to substantiate that the respondent No. 3 was under active

    correspondence with both the PHQ Jammu/Srinagar as well as the

    respondent No. 5 in respect of the disbursement of the rentals due to the

    petitioner.

    5. The ld. Senior Counsel has also invited the attention of the Court

    towards a communication made by the Office of respondent No. 3 to Shri.

    Mohsin ul Showkat Qadri, ld. Sr. AAG of this Court dated 25.03.2026

    revealing that the money against the outstanding rentals in respect of the

    petitioner’s hotel will be released within a week’s time for drawl of the said

    money at Government Treasury Tankipora, Srinagar for further

    disbursement in favour of the petitioner.

    6. It is submitted by the ld. Senior Counsel that although the funds

    required for disbursement of the rentals due to the petitioner came to be

    released as per the afore-mentioned communications yet, the order of the

    Government of UT of Jammu and Kashmir Finance Department bearing No.

    106-F of 2026 dated: 18.03.2026 is projected by the respondent No. 3 to be

    a bar for drawl and disbursement of the said money against the proper bill to

    be presented at the concerned treasury.

    7. It is submitted by the ld. Senior Counsel that the petitioner shall suffer

    an irreparable loss and he shall be forced to wait for further time in case his

    rentals due to him are not being disbursed in his favour within this financial

    year expiring by tomorrow.

    8. The learned counsel submitted that the Govt Order dated 18.03.2026

    issued by the Finance Department of the Government of Jammu and Kashmir

    has permitted the submission of the bills falling under SASCI and NABARD
    Category by DDO’s at the concerned treasuries by 30.03.2026 upto 2 PM

    when the date for submissions of the bill pertaining to petitioner’s claim has

    been shown as 25.03.2026 upto 2 PM.

    9. It is submitted by the learned counsel that it may meet the ends of

    justice in case the respondent No. 3-Deputy Inspector General of Police,

    Central Kashmir Range, Srinagar J&K is directed to present the bill of the

    petitioner’s claim in the concerned treasury for drawl and disbursement of

    the said amount under rules.

    10. List on 5th May, 2026.

    11. In the meantime, the non-applicant/respondent No. 5 i.e. Deputy

    Inspector General of Police, Central Kashmir Range, Srinagar J&K is

    directed to present the needful bill before the concerned treasury in respect

    of the due claim of the petitioner on account of his rentals for Hotel

    International Sonwar Bagh Srinagar for drawl and disbursement of the said

    amount in case of availability of funds for the said claim with the

    corresponding direction to the concerned Treasury Officer i.e. Govt

    Treasury, Tankipora Srinagar for passing of the same under rules, if there is

    no other impediment except the order No. 106-F of 2026 dated 18.03.2024,

    within the current financial year.

    12. A copy of this order be furnished to the petitioner under the seal and

    signature of the Bench Secretary.

    (MOHD YOUSUF WANI)
    JUDGE
    SRINAGAR
    30.03.2026
    Shahid Manzoor



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