Jammu and Kashmir High Court
LPA/200/2026 of VINOD KUMAR AND OTHERS Vs UT OF J AND K TH PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND OTHERS on 22 September 2026
No.1 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through VC) LPA 200/2026 CM(6614/2026) VINOD KUMAR AND OTHERS …PETITIONER(S) Through: Mr. Rajinder Singh Jamwal, Advocate V/s. PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND OTHERS ...RESPONDENT(S) Through: Ms.
Serial No.1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
(Through VC)
LPA 200/2026
CM(6614/2026)
VINOD KUMAR AND OTHERS
…PETITIONER(S)
Through:
Mr. Rajinder Singh Jamwal, Advocate
V/s.
PRINCIPAL SECRETARY HOUSING AND
URBAN DEVELOPMENT DEPARTMENT
AND OTHERS
...RESPONDENT(S)
Through:
Ms. Monika Kohli, Sr. AAG, with
Ms. Mandeep Kour, Assisting Counsel, for R-1, 6 &7.
Mr. Atul Verma, Advocate, for R-2, 3 & 4.
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE YASH PAUL BOURNEY, JUDGE.
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ORDER
22.09.2026
1. The counsel for the appellants submits that the street vendors have certain rights and, while there is a chance of their being evicted or removed from the vacant land near ERA Nallah, Railway Station, Trikuta Nagar, Jammu, they have sought protection of this Court. The counsel further submits that the appellants are poor persons and that evicting them without the authority of law would be contrary to the settled jurisprudence relating to the rights involved.
2. The counsel for the respondents, however, submits that the matter is being adjudicated by the learned Single Judge and that the Court is already seized of the matter. The next date of hearing fixed in the matter is 06.10.2026. The counsel further submits that he is in the process of filing a reply to the writ petition and shall do so by the next date of hearing. He further submits that no arbitrary eviction shall be carried out by the respondents and that any action shall be proposed only after examining the relevant documents and affording an opportunity of hearing to the appellants.
3. In the light of the above submissions, and given the fact that the matter is already under adjudication in the writ petition before the learned Single Judge, and the appellants having approached this Court only because the interim relief was not granted by the learned Single Judge, we do not deem it appropriate to grant any indulgence at this stage.
4. The respondents shall, however, be bound by their own assurance that they shall not arbitrarily remove anyone without examining their claims and affording them an opportunity of hearing and shall be required to abide by the same. It shall be open to the counsel for the appellants to persuade the learned Single Judge that they are not unauthorized occupants.
5. The appeal is, accordingly, disposed of.
6. It is made clear that we have not entered into the merits of the case, and it is left open to the learned Single Judge to decide all issues in accordance with law.
(YASH PAUL BOURNEY) (DR. PUSHPENDRA SINGH BHATI) JUDGE
CHIEF JUSTICE
SRINAGAR: 22.09.2026 Junaid