Shan Ali vs Ut Of J&K & Ors on 20 April, 2026

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    Jammu & Kashmir High Court

    Shan Ali vs Ut Of J&K & Ors on 20 April, 2026

    Author: Rahul Bharti

    Bench: Rahul Bharti

                                                            Regular List
                                                            Serial No. 10
    
             HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU
    
         WP(C) No. 908/2026
    
         Shan Ali                                              .....Petitioner(s)
    
                           Through: Mr. Jagpaul Sharma, Advocate.
                      Vs
         UT of J&K & Ors.                                   .....Respondent(s)
    
                           Through: Mr. Ravinder Gupta, AAG.
    
    Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
    
                                       ORDER
    

    (20.04.2026)

    1. Pursuant to order of this Court, Sh. Rajesh Sharma,

    SPONSORED

    Deputy Commissioner, Kathua is present. Likewise,

    Mr. Predhyum Atri (JKAS), Tehsildar Bani is also present in

    person.

    2. Mr. Ravinder Gupta, learned AAG representing

    respondents No. 1 and 2 as also Sh. Rajesh Sharma, Deputy

    Commissioner, Kathua, draw the attention of this Court to

    annexure-VI (page No. 27) which is stated by the petitioner to be

    a notice purportedly issued from the office of the Tehsildar, Bani.

    3. This notice does not bear any reference number as well

    as any date and yet it is attributed to Mr. Predhyum Atri (JKAS),

    Tehsildar Bani.

    4. Mr. Predhyum Atri (JKAS), Tehsildar Bani states before

    this Court that from his office’s end, no such notice was ever put

    into existence or effect, much less placed in any public domain for
    2 WP(C) No. 908/2026

    the petitioner to come across it and use it as an annexure in the

    High Court for the exploit of this writ petition.

    5. This is too serious a matter to be taken causally, in the

    sense that if Mr. Predhyum Atri (JKAS), Tehsildar Bani is to be

    believed in terms of his statement, then it is to be figured out as

    to how this document has come into existence or whether it has

    been created by the petitioner to prejudice this court’s mind

    particularly by reference to text of notice in terms whereof it is

    being meant that the Tehsildar Bani is withdrawing the

    notification for the selection to the post of Chowkidar for village

    Lowang in view of the order of this Court in a case titled “Shan

    Ali Vs. UT of J&K & Anr.“.

    6. This Court needs to observe that the name of the

    petitioner in the order dated 11.04.2025 in WP(C) No. 905/2025

    is not Shain Ali but Shan Ali alias Shain Ali whereas in the

    alleged notice it is the alias name Shain Ali which has been

    referred to meaning thereby that the notice if not issued by

    Mr. Predhyum Atri (JKAS), Tehsildar Bani is definitely a product

    of a dubious mindset and that requires to be sorted out.

    7. When pointed out by this Court to Mr. Jagpaul Singh,

    learned Advocate for the petitioner as to the source of the notice

    landing in the hand of the petitioner, he submits that it was in a
    3 WP(C) No. 908/2026

    revenue officials’ group and that some revenue officials might

    have provided a copy to the petitioner.

    8. Mr. Jagpaul Singh, learned Advocate for the petitioner

    submits that he had confronted the petitioner that how can a

    purported notice from the office of the Tehsildar Bani be said to

    be on that group of revenue officials with a shared platform

    bearing a notice which is without any reference number and date

    in response to be told by the petitioner that some revenue official

    had provided the same to him.

    9. Under these circumstances, this Court directs Sh. Rajesh

    Sharma, Deputy Commissioner, Kathua to enquire into the fact

    as to whether there exists any such revenue officials’ group on

    social media or official app for sharing order/notice/notification

    or for that matter, the matter of any official nature for the notice

    of all concerned revenue officials.

    10. Requisite report be submitted by or before next date of

    hearing for which he shall be well within his right to ask for

    assistance from any agency and authority which shall be bound

    to lend assistance asked for.

    11. This Court has reproduced the aforesaid reference for the

    consideration of Sh. Rajesh Sharma, Deputy Commissioner,

    Kathua to take the aforesaid aspect into serious notice as the

    matter may at surface level seem to be very innocuous one but
    4 WP(C) No. 908/2026

    has serious repercussions as to whether the administrative

    working of the District Kathua is being compromised in the

    manner as is being referred to.

    12. Needful be done at the end of Sh. Rajesh Sharma, Deputy

    Commissioner, Kathua by or before the next date of hearing.

    13. List in continuation on 04.05.2026 along with WP(C) No.

    905/2025.

    14. In the meantime, this Court directs Mr. Predhyum Atri

    (JKAS), Tehsildar Bani to assign the duties of Chowkidar to be

    handled by person who is incumbent Lambardar of the village

    Lowang till next date of hearing and consequently the engagement

    of Gulam Abas, temporary appointed as Chowkidar for village

    Lowang shall remain in abeyance.

    15. A copy of this order be provided to Mr. Ravinder Gupta,

    learned AAG for notice and compliance from the end of the

    Deputy Commissioner, Kathua.

    (RAHUL BHARTI)
    JUDGE
    JAMMU
    20.04.2026
    Shivalee

    Shivalee Khajuria
    2026.04.22 13:14
    I attest to the accuracy and
    integrity of this document



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