Challenging an eviction notice under the migrants-property legislation, the petitioner argued that the Tehsildar lacked authority.
Judge / Bench — Hon’ble Mr. Justice Sanjay Parihar, Judge
The Jammu & Kashmir and Ladakh High Court found that the alleged jurisdictional defect had not been demonstrated and that the governing Act provided an equally efficacious appeal. Referring to earlier decisions requiring recourse to that remedy, it declined writ intervention and dismissed the petition as not pressed, preserving liberty to appeal. Crucially, it directed that any limitation impediment would stand condoned if the appeal was filed within fifteen days of the order. The decision is useful when choosing the correct forum for migrants-property disputes: a bare allegation of want of jurisdiction did not displace the statutory remedy, while the express time-bound protection facilitated that remedy without deciding the eviction merits.
Case — Nisar Ahmad Dantoo v. Union Territory of J&K and Others · WP(C)/128/2025 · 2026-10-14 · Srinagar wing
Advocates appearing — Petitioner — Mr. Shabir Ahmad Dar, Advocate; Mr. Jahangeer Ahmad Wani, Advocate. Respondents — Mr. Waseem Gul, GA, with Ms. Shaila Shameem, Assisting counsel; Mr. Sheikh Faisal, Advocate (individual respondent attribution not specified).