JUDGMENT :

1. This batch of writ petitions (which are forty-eight in number) urges to declare Notification/S.O. 177 dated 15th April 2022 as ultra vires to the Constitution. Ancillary relief(s) are also being sought in these petitions. These petitions are taken one by one.

WP(C) no.3250/2023

Kirmania Model High School Batwina v. UT of J&K and others

Mr. Z.A.Shah, Senior Advocate with Mr Asif Feroz Bhat, Advocate for petitioner

Mr Mohsin Qadiri, Sr.AAG with Ms. Maha Majeed, assisting counsel.

2. Let me first take up the writ petition, WP(C) no.3250/2023, which is titled as Kirmania Model High School Batwina, Ganderbal v. Union Territory of J&K and others, in which the following reliefs are prayed to be granted:

(a) That S.O. 177 dated 15.04.2022 be declared as ultra vires to the Constitution;

(b) It be declared that Local Village Inhabitants have proprietary rights on Kahcharie/Shamilat Deh etc. land as the use of a portion of Kahcharie lands for public purpose of establishing a school does not violate any law and the petitioner schools are entitled to continue in the present status.

(c) It be also held that status of the land, on which the school is located, cannot be made basis of recognit