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Jammu & Kashmir High Court - Srinagar Bench
Shabir Ahmad Wanchoo vs Union Territory Of J And K And on 3 April, 2026
Serial No. 158
Suppl Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 98/2025 CM (218/2025)
Shabir Ahmad Wanchoo ...Petitioner(s)/Appellant(s).
Through: Mr. M.S. Reshi, Advocate with
Ms Uzma Amin, Advocate
Vs.
Union Territory of J and K and
Ors ...Respondent(s).
Through:
CORAM:
HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
03.04.2026
1. Heard the learned counsel for the petitioner in respect of the
matter.
2. The case of the petitioner is that after his displacement form his
shop at Magam which came into road widening, he pursued the matter
with the respondents but also approached the then Hon'ble MLA
Habakadal Constituency projecting his grievance. That the Executive
Engineer concerned in pursuance of the recommendations made by the
then Hon'ble MLA and in response to the communication dated
27.07.2011 issued by the Superintending Engineer concerned intimated
that one shop is vacant at Malik Angan Fateh Kadal since long and
accordingly recommended the allotment of the said shop in his favour so
that his source of livelihood is restored. That after consideration of his
case he was allotted a shop at Malik Angan Fateh Kadal in the year 2001
and since then he has been running his business in he said shop in the
name and style of "Nayeem Traders". That however due to devastating
floods in the year 2014, his shop got damaged and remained submerged in
the flooded waters. That after conducting an enquiry and considering the
report of the filed agency, the Tehsildar South Srinagar vide his report
dated March, 2015, reported that shops/business units from S.No. 1 to 98
mentioned in the list prepared by him and placed on the copy of the
petition, have remained submerged during floods of 2014. That he stood
figured at S.No. 59 in the said list that he was accordingly paid
compensation of Rs. 25,000/- in terms of cheque bearing No. 124385
dated: 17.07.2015. That the shop from which he was displaced at Magam
was the only source of his livelihood. That he was allotted a shop at
Magam in the year 2011 only on the basis of his continuous possession
and occupation of the shop at Magam which came under road widening.
That, however, unfortunately, respondent No. 4 while considering his
representation pursuant to the directions of this Court dated 12.08.2024
passed on an earlier petition took a different view while giving credence
to a report which was not based on correct and true facts. That the
impugned consideration order dated 06.11.2024 is not only bad in law but
also full of surmises and conjectures which renders the same liable to be
set aside. That respondents are under an obligation to regularize his
allotment with respect to the shop at Malik Angan Fateh Kadal which was
allotted to him in the year 2011 and in which he has been running his
business under the name and style of Nayeem Traders for earning his
livelihood. That he shall suffer an irreparable loss in case the allotment of
the shop is not regularized in his favour.
3. The petitioner has accordingly sought for issuance of
writs/directions in the nature of certiorari for quashing and setting aside
the impugned consideration order bearing No. 4 of 2024 dated 06.11.2024
passed by the respondent No. 4 whereunder his representation pursuant to
the directions of this Court dated 12.08.2024 passed in an earlier petition
bearing No. OWP 1816/2018 and in the nature of mandamus by directing
the respondents to regularize the allotment of the shop at Malik Angan
Fateh Kadal, in his favour as the same stands allotted to him in the year
2011 since which time he has been in use and possession of the said shop
being the only source of his livelihood.
4. In the facts and circumstances of the case, the instant writ petition
is disposed of with the direction to the respondents to reconsider the
representation of the petitioner for his rehabilitation by way of
regularizing the allotment of the shop allotted and occupied by him at
Malik Angan Fateh Kadal Srinagar so that his source of livelihood is not
affected. The respondent shall make the consideration as directed within a
period of four weeks of the submission of the status report to the Registry
of this Court within a period of six weeks by which date the parties shall
maintain status-quo with respect to the subject matter of the shop.
5. Disposed of.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR
03.04.2026
Shahid Manzoor
