The Jammu & Kashmir and Ladakh High Court on Friday 26 December 2025 stepped in after a shop owner alleged that his structure was demolished overnight by the district administration without following legal procedure. The case, heard at the Jammu wing of the High Court, has raised questions about due process in actions involving alleged encroachment on State land.
Justice Rahul Bharti, after hearing the initial submissions, ordered maintenance of status quo at the disputed site and issued notice to the authorities.
Background of the Case
The petitioner, Farooq Ahamad Wani, approached the High Court claiming that a shop structure raised by him in village Narsoo, tehsil and district Udhampur, was demolished using heavy machinery by the district administration.
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According to the petition, Wani had come into possession of the land through an agreement dated 8 March 2018 with one Mohd. Yousuf, who claimed to be an allottee of six marlas of State land falling under a specific khasra number. Acting on this understanding, the petitioner said he invested substantial money to set up a shop at the site.
He alleged that the demolition was carried out abruptly, without notice or lawful procedure, leaving his investment reduced to rubble.
Court’s Observations
During the hearing, the court noted the petitioner’s grievance that the demolition was executed without adopting “due course of law.” The petition claims that the action not only destroyed the shop structure but also caused significant financial loss.
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The petitioner has sought compensation to the tune of ₹5 crore, citing damages arising from the alleged illegal demolition. He has also requested other reliefs connected to the incident.
“The petitioner has come crying foul over the demolition of a shop structure,” the court recorded, while taking note of the circumstances under which the structure was brought down Farooq Ahamad Wani.
On behalf of the Union Territory administration, notice was waived by the assisting counsel, enabling the court to move forward with interim directions.
Decision of the Court
After considering the submissions at this preliminary stage, the High Court issued notice to the respondents in both the main writ petition and the connected application.
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Importantly, the court directed that status quo be maintained at the site, making it clear that no construction or reconstruction of any kind shall take place at the demolished location until further orders.
The court clarified that this interim protection is subject to objections from the other side. The matter has now been listed for further hearing on 31 January 2026.
Case Title: Farooq Ahamad Wani vs UT of J&K & Others
Case No.: WP(C) No. 3671/2025
Case Type: Writ Petition (Civil)
Decision Date: 26 December 2025
