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
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