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Jammu & Kashmir High Court - Srinagar Bench
8 vs State Of Jk & Ors on 30 March, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
08
Regular
2021:JKLHC-SGR:8549
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(1412/2026) in SWP 1566/2016
CM(1413/2026).
Manzoor Ahmad Sheikh & Ors.
...Applicant(s)/Petitioner(s)
Through: Ms. Saima Mehboob, Advocate.
VERSUS
State Of JK & Ors.
...Respondent(s)
Through: Mr. Jahingeer Ahmad Dar, Government Advocate vice
Mr. Ilyas Nazir Laway, Government Advocate.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
30.03.2026
01. Writ petition- SWP No. 1566/2016 came to be preferred by eleven
petitioners. Filing of said writ petition had taken place without
availing services of an advocate and that is the reason that the
presentation of the writ petition mentions that it was presented by
the petitioners themselves on 05.10.2016.
02. Later on, Advocate Ms. Saima Mehboob came to file her Power of
Attorney on 08.12.2016 to represent the eleven petitioners.
03. In terms of an order dated 06.10.2016, in response to
Miscellaneous Application- MP 01/2016, this Court had directed
that the present status of the petitioners to remain undisturbed.
04. During course of its pendency, the matter was referred to the
Central Administrative Tribunal, Srinagar wherefrom it came to be
reverted in terms of an order dated 03.08.2022 so as to be taken
again on docket of this Court by its original number- SWP No.
1566/2016.
05. In said writ petition, response from the respondents' end2021:JKLHC-SGR:8549
was
awaited. Reply on behalf of the respondent No. 4 came to be filed as
is reflected in the order dated 18.11.2023 whereas response from
the end of the respondents No. 1 to 3 was awaited with a caveat that
default in filing the reply by the next date was to result in closure of
the right to file the reply.
06. In terms of an order dated 24.05.2024, the right to file reply on
behalf of the respondents No. 1 to 3 came to be closed.
07. In terms of an order dated 12.11.2024, this Court had called upon
Mr. Syed Musaib, learned Deputy Advocate General to confirm the
fact as to whether the petitioners were still in state of service with
Municipal Committee, Sumbal or not and also whether the
petitioners had been employed in any other Municipal Committee
and for that purpose Director, Urbal Local Bodies Kashmir was
directed to submit an affidavit to said extent.
08. It appears that said direction of this Court had gone begging
compliance from the end of the Director, Urban Local Bodies
Kashmir.
09. Amidst said state of proceedings, the case came to suffer dismissal
for non-prosecution in terms of an order dated 01.12.2025 for
seeking restoration of which eleven petitioners have come forward
again through Advocate Ms Saima Mehboob who has cited her
personal medical condition as a reason for non-appearance.
10. Restoration application- CM No. 1413/2026 is accompanied with a
condonation of delay application- CM No. 1412/2026.
11. For the reasons set out in both the applications relatable to the
medical condition of the counsel for the petitioners, this Court
allows both the applications and restores the writ petition back to
its original number but without reviving the interim direction as
2021:JKLHC-SGR:8549
obtaining in order dated 06.10.2016
12. It appears that the scanning of order dated 12.11.2024 suffered
omission and that is the reason that the digital file does not bear
stamp order dated 12.11.2024, whereas the scanning section
"Scanned Digitization Section" is said to have done the needful
on 13.11.2024.
13. Surely, there is a serious lapse on the part of the Registry in
carrying out due diligence in the matter for which the Registrar
Judicial, Srinagar is directed to get the matter looked into and fix
the responsibility.
14. This Court directs the Registrar Judicial, Srinagar to ensure that
the order dated 12.11.2024 is duly scanned to become part of the
digital file as well.
15. On the next date of hearing, Director, Urban Local Bodies, Kashmir
is directed to remain present in person in case requisite affidavit is
not filed from his end.
16. List on 15th April, 2025.
17. A copy of this order be provided by the Registrar Judicial, Srinagar
to Mr. Ilyas Nazir Laway, learned Government Advocate for the sake
of notice and compliance at the end of the Director, Urban Local
Bodies Kashmir.
(RAHUL BHARTI)
JUDGE
SRINAGAR
30.03.2026
Bisma Jan.
