Jammu & Kashmir High Court
Sainik Cooperative House Building vs Union Territory Of J&K And Others on 24 April, 2026
Sr. No. 130
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No.1086/2026
Caveat No.989/2026
Caveat No.523/2026
Sainik Cooperative House Building .....Petitioner(s)
Society and others
Through: Mr. Abhinav Sharma, Sr. Advocate with
Ms. Damini Singh Chauhan, Advocate
Mr. Dinesh Singh Chauhan, Advocate
Vs
Union Territory of J&K and others ..... Respondent(s)
Through: Mr. Pawan Dev Singh, Dy. AG
Mr. Ajay Abrol, Advocate
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
24.04.2026
Caveat No.989/2026
With the appearance of Mr. Pawan Dev Singh, learned Dy. AG on behalf
of the caveator/official respondents, the caveat stands discharged.
Caveat No.523/2026
This caveat application has been filed by Mr. Ajay Abrol, Advocate on
behalf of one Sikander Singh and Sanjeev Mannotra, who are reported to be the
members of the cooperative society. Since, they are not the parties to the main
petition, as such, they are at liberty to seek their impleadment in the main
petition. The caveat stands discharged.
WP(C) No.1086/2026 & CM No.2380/2026
1. Mr. Pawan Dev Singh, learned Dy. AG, who was already on caveat
appears and accepts notice in the matter on behalf of the official respondents.
2 WP(C) No.1115/2026
2. Heard the learned counsel for the applicants/petitioners for sometime in
respect of his prayer for grant of interim relief. Also heard the learned counsel
for the non-applicants/respondents in rebuttal.
3. The learned counsel for the non-applicants/respondents raised issue
regarding the maintainability of the present petition. He submitted that by way
of the Jammu and Kashmir Cooperative Societies (Amendment) Act, 2025 dated
01.11.2025, the definition of the „Tribunal‟ as existing in the clause (v) of the
Jammu and Kashmir Cooperative Societies Act, 1989 (Principal Act) means the
Jammu and Kashmir Special Tribunal constituted under the Jammu and Kashmir
Special Tribunal Act, 1988. He further contended that as per the said
amendment, Section 157 of the Principal Act stands omitted and in the Section
158(d) the words “Cooperative Tribunal”, stand substituted by the word
“Tribunal” as defined under the clause (v) of Section 2 (post amendment).
4. The learned counsel for the respondents in brief submitted that the
applicants/petitioners have an alternate efficacious remedy before the Special
Tribunal to assail the order of the respondent No.2.
5. The learned counsel for the applicants/petitioners seeks an adjournment of
the case for advancing further arguments regarding the maintainability of the
petition.
6. List on 28.04.2026.
(Mohd. Yousuf Wani)
Judge
Jammu
24.04.2026
Shammi