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Serial No. 47

SUPPLEMENTARY CAUSE LIST-I

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(C) 3302/2025

CM(8865/2025)

Saira Rasool Malik. …Petitioner(s)

Through: Mr. Bhat Fayaz Ahmad, Advocate.

Vs.

Union Territory of J&K and Ors. ...Respondent(s)

Through: Mr. Faheem Nisar Shah, GA.

CORAM:

Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge.

ORDER

27.12.2025

01. The petitioner through the medium of the instant

petition has called in question the show cause notice dated

13th December, 2025 issued by the Deputy Director Estates,

Kashmir, in terms of sub section 1 of Section 4 of Jammu and

Kashmir Public Premises Eviction of Un-authorized

Occupants Act, 1988, by virtue of which the petitioner has

been called upon to show cause on or before 20th December,

2025 as to why the order of eviction may not be passed

against the petitioner.

02. The learned counsel for the petitioner submits that in

pursuance to the impugned show cause notice, detailed reply

has already been submitted by the petitioner, although no

date has been reflected in the reply, but the same has been

placed on record along with the instant petition, which till

date has not been accorded due consideration. It is further

submitted that the respondents are contemplating to evict the

petitioner and feeling aggrieved of the inaction on the part of

the respondents, the petitioner has preferred the instant writ

petition challenging the impugned show cause notice.

03. The petitioner has preferred the instant writ petition

against the impugned show cause notice, which is premature

as the petitioner without waiting for the outcome of said show

cause notice, has rushed to this Court challenging the

aforesaid show cause notice through the medium of the

instant writ petition.

04. Prima facie this Court is of the view that this writ

petition is premature. Even otherwise also, the petitioner has

alternate efficacious remedy of filing an appeal under the Act

of 1988, against the order of Estate Officer made in respect of

any public premises under Section 5 or Section 7 or Section 8

or Section 10 to any Appellate Officer.

05. Admittedly, as on date, no adverse order has been

issued, effecting the rights of the petitioner and instead the

petitioner has rushed to this Court against the show cause

notice and on that count, the writ petition is liable to be

dismissed being premature.

06. The learned counsel appearing on behalf of the

petitioner submits that he would feel satisfied in case the

present writ petition is disposed of at this stage with a

direction to the respondent No. 3-Deputy Director Estates,

Kashmir, Srinagar to accord due consideration to the reply

filed by the petitioner in pursuance to the impugned show

cause notice, within some reasonable time period.

07. On the asking of the Court, Mr. Faheem Nisar Shah,

learned Government Advocate enters appearance on behalf of

respondents and is not averse to the proposal so made by the

learned counsel for the petitioner. However, he submits that

the reply so submitted by the petitioner to the show cause

notice, would be considered in accordance with the rules and

as per law occupying the field.

08. Heard learned counsel for the parties at length and

perused the material on record.

09. Since an innocuous prayer has been made by the

learned counsel for the petitioner, as such, without

commenting upon the maintainability or the merits of the

instant writ petition, the same is taken up for final disposal at

this stage with the consent of the learned counsel for the

parties. Accordingly, the instant writ petition is disposed of

with a direction to the respondent No. 3-Deputy Director

Estates, Kashmir, Srinagar, to accord due consideration to the

reply so submitted by the petitioner to the impugned show

cause notice, within a period of three weeks from today,

strictly in conformity with the rules and as per law. Till the

decision is taken by the competent authority i.e. respondent

No. 3, status quo as it exists today shall be maintained and

continuance of the same shall be subject t