Jammu & Kashmir High Court – Srinagar Bench
Bashir Ahmad Shah vs Ut Of J&K And Others on 15 January, 2025
S. No. 70
Regular List
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
WP (C ) No. 110/2025.
CM No. 237/2025
Bashir Ahmad Shah.
.....Petitioner (s)
Through: Mr Zaffar Qadiri, Advocate.
V/s
UT of J&K and Others.
..... Respondent(s)
Coram:
Hon'ble Mr. Justice Mohammad Yousuf Wani, Judge.
ORDER
15.01.2025
01. Issue notice in the main petition as well as in the interim application
returnable within a period of four weeks’ subject to the taking of necessary
steps by the petitioner within a week’s time for filing the reply/objections.
02. Heard learned counsel for the applicant/petitioner in respect of his
prayer for grant of interim relief. He contended that the petitioner has been
holding the possession of the property bearing Plot No. 426 of 90ftx60ft in
Sector No. 1/D of Bemina Barthana, Housing Colony Srinagar which has
been allotted by the respondents/SDA to one Showkat Ahmad Ashai S/o Syed
ud din R/o Pather Masjid Srinagar on 1997. That the petitioner fulfilled all the
requisite formalities for transfer of the said plot from the name of the original
allotee in his favour and also executed an indemnity bond in the year 2014, as
per the directions of the respondents, besides complying with other formalities
including the payment of fees but the respondents instead of transferring the
aforesaid plot in the name of the petitioner, started harassing him by issuance
of notices/orders for sealing. That such notices/orders came to be assailed by
the petitioner before the learned Jammu and Kashmir Special Tribunal,
Srinagar which set aside the same. That even after the passing of the order by
learned Special Tribunal, the petitioner approached the respondents/SDA with
a prayer for transferring the subject plot in his name but the respondents are
reluctant to do the needful. That the petitioner also got information by
invoking the provisions of Right to Information Act which revealed that the
respondents have already transferred as many as 216 properties/plots w.e.f
2003 to 2024, thereby conveying that they are deliberately and illegally
avoiding the application of the petitioner.
03. Learned counsel appearing for the petitioner has further submitted that
inaction on part of the respondents prompted the petitioner to approach this
Court through the medium of the instant petition. Learned counsel has also
submitted that the petitioner has strong prima facie case made out in his favour
as is explicit from the perusal of the petition and the copies of the documents;
that the balance of convenience also tilts towards him and he is likely to suffer
an irreparable loss and injury in case the interim relief is not passed.
04. Perused the application which is supported by the duly attested affidavit.
Also perused the main petition and the copies of the documents enclosed with
the same as annexures thereto.
05 Be listed on. 21.02.2025.
06. In the meantime subject to any vacation or modification upon the
consideration of the objections/arguments and till further orders, the
respondents are directed to actively consider the case of the petitioner for
transfer of allotment of the Plot No. 426 measuring 90ftx60ft in Sector
No.1/D of Bemina Barthana, Housing Colony Srinagar from the original
allottee to his name within a period of six weeks’ from the date a copy of this
order is served upon them. The Status Report in this regard shall also be filed
by the respondents before this Registry of this Court by next date of hearing.
(Mohammad Yousuf Wani)
Judge
SRINAGAR
15.01.2025.
Showkat khan