Uploaded On: 05.02.2026 vs Rotary Bhawan Society
2026 Latest Caselaw 317 J&K

Jammu & Kashmir High Court

Uploaded On: 05.02.2026 vs Rotary Bhawan Society on 3 February, 2026

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                        2026:JKLHC-JMU:170-DB

 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU


                         Case No: LPA No. 306/2025
                                 CM No. 8414/2025
                                 CM No. 8415/2025
                                 Cav No. 2377/2025


                                                      Uploaded on: 05.02.2026


                                             Whether the operative part or full
                                              Judgment is pronounced : Full


U.T. of J&K and others

                                                 ...Petitioner(s)/Appellant(s)

                   Through:    Mr. Aseem Sawhney, Sr. Advocate with
                               Mr. Mohd. Kashif Malik, Advocate


                                V/s


Rotary Bhawan Society, Jammu & others.

                                                     .... Respondent(s)


                   Through:     Mr. Abhinav Sharma, Sr. Advocate with Mr.
                                Muddasser Maqbool, Advocate.



CORAM:      HON'BLE THE CHIEF JUSTICE
            HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.

                              ORDER

03.02.2026

1. Heard the Caveator. Caveat stands discharged.

2. Main appeal is taken on board.

2026:JKLHC-JMU:170-DB

1. Interim order subject to objections, dated 26.09.2025, passed in

WP(C) No. 2679/2025 and order dated 11.12.2025 passed in CMA

No.7706/2025 filed in WP(C) No. 2679/2025 are the subject matter of

this intra-court appeal.

2. Learned Senior Counsel appearing for the appellants has submitted

that the appellants have already filed their response to the writ

petition, along with an application seeking modification/vacation of

the interim order passed by the learned Writ Court. It is contended

that, in view of the law laid down by the Hon'ble Supreme Court of

India in Quantum Securities Private Limited and others v. New

Delhi Television Limited, reported in (2015) 10 SCC 602, the

learned Writ Court ought to have proceeded to decide the writ petition

on merits instead of initiating contempt proceedings arising out of the

interim order. He has further submitted that, in terms of the mandate

of Article 226(3) of the Constitution of India, it is obligatory for the

Court to decide the application filed for modification/vacation of the

interim order within a period of two weeks.

3. Per contra, Mr. Abhinav Sharma, learned Senior Counsel appearing

for the contesting respondents, has submitted that every endeavour

shall be made for expeditious disposal of the writ petition on merits.

4. In view of the above, the present appeal is disposed of by relegating

the appellants to the learned writ Court for projecting their grievances.

The learned Writ Court is requested to consider and decide the

application seeking modification/vacation of the interim order, in

accordance with the mandate of Article 226(3) of the Constitution of

2026:JKLHC-JMU:170-DB India. The learned Senior Counsel appearing for the parties have

assured this Court that no unnecessary adjournments shall be sought

in the matter.

                                (Rajnesh Oswal)                   (Arun Palli)
                                    Judge                         Chief Justice
Jammu
03.02.2026
Madan Verma-Secy


                         Whether order is speaking?     Yes/No.
                         Whether order is reportable?   Yes/No.