Sanjay Raina v. Ut of J and K Th. Commissioner Secretary Revenue Department, Jammu and Others

O R D E R

12.05.2026

¶1Appellant is aggrieved of judgement dated 25th February 2026 passed by learned Writ Court in OWP no.1547/2018 titled as "Satish Sassan and others v. State of J&K and others", whereby writ petition preferred by appellant along with others has been dismissed on merits in his absence.

¶2Besides other grounds raised by appellant in this intra court appeal, assailing the judgement impugned, the main ground as exhorted by appellant is that on 16th July 2015, the matter was listed at serial no.07 before the Bench, which had heard it in part and after its pass over at the request of learned counsel for respondents, the matter could not be S.no.04

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taken up due to paucity of time and on 10th February 2026, the matter was reserved by learned Writ Court in absence of appellant.

¶3Precisely, learned counsel appearing for appellant has submitted that, if at all, appellant was not present on 10th February 2026, learned Writ Court ought not to have decided the matter on merits and instead Writ Court could have dismissed the writ petition for non-prosecution.

¶4On the other hand, learned counsel for respondents has submitted that as appellant was not present, the matter was reserved by learned Writ Court. She has further submitted that taking into account the case set up and grounds urged by appellant in his writ petition, the learned Writ Court has rendered the judgement impugned.

¶5Heard learned counsel appearing for parties and perused the record.

¶6The record depicts that on 21st May 2025, the matter was heard in part by one Bench and the same could not be considered by the said Bench on 21st November 2025 and the matter was posted on 10th February 2026. On the said date, viz. 10th February 2026, none appeared on behalf of the appellant. The learned Writ Court reserved the matter and pronounced the judgement on 26th February 2026.

¶7We are not commenting upon the merits of the claims made by appellant as the findings qua merits have not been returned by learned Writ Court after affording opportunity of hearing to the appellant but in his absence.

¶8In the peculiar facts and circumstances of the case, we are of the considered view that the learned Writ Court either could have adjourned the matter or dismissed the writ petition for non-prosecution

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on 10th February 2026, but ought not to have returned findings on the merits of the claim of appellant in his absence.

¶9In view of above, the order/judgement dated 25th February 2026 passed in OWP no.1547/2018 titled as Satish Sassan and others v. State of J&K and others, is set-aside and the matter is remitted to the learned Writ Court for its consideration afresh in accordance with law after affording due opportunity of hearing to both the parties.

¶10Registry is directed to list writ petition, OWP no.1547/2018 on 3rd June 2026.

(Rajnesh Oswal)

(Arun Palli)

Judge

Chief Justice Srinagar

12.05.2026 Ajaz Ahmad, Secy Whether approved for reporting? No

Page 1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) **** CM no.2530/2026 Sanjay Raina …….Appellant(s) Through: Mr.Ronik Sharma, Advocate with Mr. Dhiraj Chowdhary, Advocate Versus UT of J&K and others ……Respondent(s) Through: Ms. Sagira Jaffer, Assisting counsel vice Ms. Monika Kohli, Sr. AAG CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR JUSTICE RAJNESH OSWAL, JUDGE