Ilyas Ahmad Khan vs J And K Special Tribunal And Ors
2026 Latest Caselaw 736 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Ilyas Ahmad Khan vs J And K Special Tribunal And Ors on 16 February, 2026

                                                                Serial No. 188
                                                                  Supp. List

  IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                             WP (C) No. 266/2026
                              CM No. 674/2026
                             Caveat No. 0156/2026
                             Caveat No. 0250/2026
ILYAS AHMAD KHAN                                    ...Petitioner/Appellant(s)



Through: Mr. Arfat Rashid Lone, Advocate
                                       Vs.
J AND K SPECIAL TRIBUNAL AND ORS.                             ...Respondent(s)

Through: Mr. Nisar Ahmad Bhat, Advocate for Caveator

CORAM:

HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDE R 16.02.2026

1.The present caveat application has been filed on behalf of Ghulam Nabi

Malla, S/o Abdul Rahim Malla, R/o Sakidaffar Safakadal, Srinagar,

who has not been arrayed as a respondent in the main petition.

2.Learned counsel for the caveator submits that the caveator has a

substantial interest in the subject matter of the dispute and that his rights

are likely to be seriously prejudiced if he is not heard in the matter. It is

further submitted that although the impugned order records that the

caveator had filed the complaint which led to the issuance of the

demolition notice challenged before the learned Special Tribunal, yet he

has not been made a party to the present petition.

3.This Court is of the opinion that the caveator needs to be heard in the

matter, particularly with regard to the interim application,

notwithstanding the fact that he has not been arrayed as a co-respondent

in the petition.

4.Accordingly, the caveat stands discharged, with liberty granted to

learned counsel for the caveator to make submissions in opposition to

the relief sought in the interim application. The caveator is also at

liberty to seek his impleadment as a co-respondent in the matter.

WP (C) No. 266/2026 CM No. 674/2026

5.Issue notice to the respondents 2 to 6 through the office of Mr.

Bikramdeep Singh, learned Dy. AG for filing of the reply/objections.

The said respondents are also reported to be at caveat.

6.Heard learned counsel for the applicant/petitioner in respect of his prayer

for grant of relief in the interim application.

7.Due to paucity of time, the matter could not be concluded.

8.List tomorrow i.e., 17.02.2026.

(MOHD YOUSUF WANI) JUDGE SRINAGAR:

16.02.2026 "Mubashir"