Jammu & Kashmir High Court – Srinagar Bench
Mohammad Imran Jan (Aged 4 vs Mr Aijaz Ul Haq Rehman on 28 July, 2026
Serial No. 05
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
(Through Virtual Mode)
CCP(D) No. 27/2024 in
WP(C) No. 1216/2024 c/w
WP(C) No. 1216/2024
Date of pronouncement: 28.07.2026
Date of uploading: 28.07.2026
Mohammad Imran Jan (Aged 40 .....Appellant(s)/Petitioner(s)
years)
S/o Abdul Gani Jan
R/o Chrawani Tehsil Charari Sharief
District Budgam
_______
Through: Mr. M. A. Wani, Advocate
vs
1. Mr Aijaz Ul Haq Rehman ..... Respondent(s)
Branch Manager, J&K Bank Charari
Sharief Budgam
2. Mr. Fida Hussain
Tehsildar Charari Sharief, Budgam
Through: Ms. Maha Majeed, assisting counsel vice
Mr Ilyas Laway, GA
Mr. N.A. Dendroo, Advocate
CORAM: HON'BLE THE CHIEF JUSTICE (ACTING)
HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER (ORAL)
28.07.2026
Sanjeev Kumar-Chief Justice(A)
WP(C) No. 1216/2024
1. This is a petition filed by one Mohammad Imran Jan seeking, inter
alia, a direction to the respondent-Bank not to seal and put to auction
the property belonging to him and which is not the subject matter of
collateral security in the shape of mortgage deed executed by the
brother of petitioner namely Tajamul Islam in favour of the
2 CCP(D) No. 27/2024 in
WP(C) No. 1216/2024
respondent-Bank for securing loan. It is submitted by the petitioner
that with a view to securing loan, the petitioner has executed a
mortgage deed in respect of the land measuring 07 Marlas falling
under Khasra No. 461 min of Khata No. 700 and Khewat No. 285
situated at Chrawani, Tehsil Charari Sharief, District Budgam along
with three-storied residential house constructed thereupon.
2. Mr. M. A. Wani, learned counsel for the petitioner contends that he
has only been put on a notice under Section 13(2) of the SARFAESI
Act and the mortgaged property is yet not taken possession of or
sealed by the respondent-Bank. The grievance of the petitioner, as is
projected by him in this petition, is that his brother namely Tajamul
Islam, who too is a borrower with the respondent-Bank, has defaulted
in making the repayment and has, therefore, been subjected to
proceeding under SARFAESI Act. He submits that in a notice issued
against his brother Tajamul Islam under Section 13(4) of the Act, the
respondent-Bank has, instead of attaching the property mortgaged by
Tajamul Islam measuring 01 Kanal falling under Khasra No. 461 min
of Khata No. 591 and Khewat No. 285 situated at Mouzi Chrawani
Tehsil Charari Sharief, District Budgam along with a double-storied
residential annexy and single storied shop lane existing thereon, had
sealed and seized the property belonging to the petitioner i.e. a piece
of 07 Marlas of land with three-storied residential building
constructed thereon. Brother Tajamul has not got the possession of
the said property back from Bank on liquidating his loan account.
3 CCP(D) No. 27/2024 in
WP(C) No. 1216/2024
3. With a view to determine the illusionary dispute created by these two
brothers with an ultimate aim of frustrating the efforts of the Bank to
recover the loan amount, we even called upon the Revenue Agency
to make demarcation. From the report submitted by the Committee of
Revenue Officer, it transpires that the property between the brothers
is a joint property and has not been partitioned so far. Taking the
benefit of this fact that the property is not partitioned though the two
brothers are occupying their respective shares, a confusion is sought
to be created so that entire property is saved and bank loan remains
unpaid.
4. Be that as it may, it has been brought to our notice by learned counsel
appearing for the Bank that the brother of the petitioner namely
Tajamul Islam has already cleared his dues and in line thereof, the
property mortgaged by him has been released. Presently, none of the
two properties mortgaged by the petitioner as well as his brother
Tajamul Islam are under seize of the Bank.
5. The grievance of the petitioner that the property sealed may be de-
sealed has, thus been rendered infructuous. However, we would
hasten to add that, in case, the petitioner too has defaulted in making
the payment of loan, the respondent-Bank shall be free to proceed
against him in accordance with law and if necessary, seize and seal
the property, which is specifically mortgaged by the petitioner with
the Bank i.e. the land measuring 07 Marlas along with three-storied
house constructed thereon. However, the petitioner shall also be at
4 CCP(D) No. 27/2024 in
WP(C) No. 1216/2024
liberty to clear his dues and avoid the sealing and seizure of the
mortgaged property.
6. Although, this is not the scope of this petition yet we would like to
advise the petitioner to go for partition and get his shares demarcated
in the competent Court of law so as to avoid such future disputes.
7. Disposed of.
CCP(D) No. 27/2024 in WP(C) No. 1216/2024
1. In view of the order passed in writ petition, the instant contempt
petition also stands disposed of.
(Mohd. Yousuf Wani) (Sanjeev Kumar)
Judge Chief Justice (A)
Jammu
28.07.2026
Vishal Sharma
Whether the order is reportable? Yes/No
Whether the order is speaking? Yes/No
