Jammu & Kashmir High Court – Srinagar Bench
Mohammad Yaqoob Wani vs Rish Pal Singh And Anr on 23 February, 2026
Serial No. 01
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(737/2026) IN CCP(S) 52/2025
MOHAMMAD YAQOOB WANI ...Petitioner(s)/Appellant(s).
Through: Mr. Yawar Ramzan, Advocate
Vs.
RISH PAL SINGH AND ANR. ...Respondent(s).
Through: Mr. Mohsin Qadri, Sr. AAG with
Ms Maha Majeed, AC
CORAM: HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
23.02.2026
1. The petitioner is present in person.
2. Through the medium of the instant miscellaneous application, the
applicant/contempt petitioner seeks issuance of orders against the non-
applicants/respondents for addressing his pending application already
filed by him in terms of the provisions of Section 25 of the Jammu &
Kashmir, State Evacuees (Administration of Property) Act, 2006
(hereinafter referred to as “the Evacuees Act” for short) regarding
confirmation of the Power of Attorney alleged to have been executed by
the Evacuee in his favour.
3. It is the case of the applicant, as projected through the medium of the
instant application that, after the document of Power of Attorney sought
to be confirmed, came to be executed in accordance with the law, he
approached the office of the non-applicant/respondent No. 1 with an
application in terms of provisions of Section 25 of the Evacuee Act
seeking confirmation of the same so as to able to reap the fruits of the
same by exercising the powers conferred thereunder. That the
unnecessary delay on the part of the non-applicants/respondents in
attending his application constrained him to approach this Court through
the medium of a writ petition bearing No. WP(C) 1881/2024, seeking
issuance of writs/directions for commanding the respondents/alleged
contemnors to immediately address his pending application.
4. The said writ petition came to be disposed of vide order dated
23.08.2024 with the direction to the respondents to perform their
statutory duty thereby according consideration to the application stated to
have been filed by the petitioner within a reasonable time frame under
law/rules, preferably within a period of four weeks’ from the date of
receipt of the certified copy of the said order along with the complete
paper book. That, thereafter, non-applicant/respondent No. 1, i.e.,
Custodian General, Evacuee Property Department, UT of J&K, endorsed
the said deed of Power of Attorney with his communication to the office
of the Deputy Commissioner, Srinagar, for authentication of the same
after verification of payment of proper stamp duty and other legal
requirements. That the office of the Deputy Commissioner, Srinagar has
slept over the matter by not performing his statutory duty to authenticate
the deed in accordance with the law pursuant to the communication of
non-applicant/respondent No. 1, i.e., office of the Custodian General,
Evacuee Property Department, UT of J&K.
5. It has been submitted by the applicant/petitioner in the instant
application that he has been badly suffering on account of the delayed
disposal of his application under Section 25 of the Evacuee Act. He has
further submitted in the application that he has paid the entire stamp duty
as directed by the office of the Deputy Commissioner, Srinagar, but
despite the appropriate orders regarding authentication of the document
have not been passed in the matter, which has consequently delayed
confirmation of the said document by the office of the non-
applicant/respondent No. 1.
6. The main contempt petition, which is obviously aimed at achieving the
same objective, is fixed for hearing on 04.03.2026.
7. Mr. Mohsin Qadri, learned Sr. AAG, appeared in the matter at this stage
and submitted that the present applicant/petitioner has filed another writ
petition concerning the same subject matter bearing No. WP(C)
1558/2025, which is listed for hearing on 30.03.2026.
8. It is further submitted by the learned Sr. AAG that some University has
made a requisition for acquisition of the same land, and the petitioner,
upon knowing about the said development, has filed the aforesaid writ
petition with the prayer seeking his association in the acquisition
proceedings, if any, initiated, as being the Attorney Holder of the
Evacuee concerned.
9. It is admitted by the applicant/petitioner that he has filed the aforesaid
writ petition for safeguarding his rights as a duly authorized Attorney
Holder and accordingly sought his association in the acquisition
proceedings, if any, initiated.
10. The learned Sr. AAG further submits that this matter be clubbed along
with the said writ petition for the sake of convenience, to which the
present applicant/petitioner has no objection. However, the scope of the
instant application and the main contempt petition is different.
11. The applicant/petitioner through the medium of the instant
miscellaneous application is seeking an innocuous prayer for directing the
non-applicants to speed up the process on his pending application filed
under and in terms of provisions of Section 25 of the Evacuee Act.
12. This application is accordingly disposed of with the direction to the
non-applicants as well as to the Deputy Commissioner, Srinagar to
immediately address the pending application of the applicant/petitioner
and submit the compliance report in terms of the basic judgment dated
23.08.2024 in the pending contempt petition by the next date of hearing,
which is now fixed as 23.03.2026.
13. The connected petition bearing No. WP(C) 1558/2025 shall also come
up for hearing with the contempt matter as a clubbed case on the next
date fixed, i.e., 23.03.2026.
14. Let a copy of this order be forwarded to the non-applicants as also to
the Deputy Commissioner, Srinagar for compliance.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR
23.02.2026
ARIF
