BEFORE THE COURT OF JUDICIAL MAGISTRATE 1ST CLASS

MENDHAR

STATE V/s MOHD ZULIFQAR

…Petitioners …Respondent

IN THE MATTER OF: -

Application for conducting enquiry
into the juvenility of applicant/accused
and for transferring the case to
competent court/ board for disposal
under law.

MAY IT PLEASE YOUR LORDSHIPS;

The applicant most respectfully submit as under:-

1. That the applicant was born on 20-05-1994 which date is duly

recorded in his matriculation diploma which is the conclusive proof
of his dob /age.
2. That a false and frivolous FIR NO. 32/2010 was registered against
the applicant and all his family members for commission of offence
under section 373/109 RPC. After the full fledged investigation, the
Investigation Officer presented the final chargesheet under section
173 CrPC in this honble court eliminating all other accused except
the applicant for alleged offence of 373 RPC.
3. That the father of applicant informed the IO about the actual DOB
of the applicant as 20-05-1994 and requested him to deal the case
of the applicant under J&K Juvenile Justice Act 1997 but the IO
illegally did not conducted enquiry regarding juvenility of the
applicant nor the applicant was given the protection of the J&K
Juvenile Justice Act 1997.
4. That on the production of Challan the prosecutrics was summoned
who deposed nothing against the applicant but unfortunately the
record of the court was burnt and at present since 2010 neither
record was reconstructed nor trial was commenced.
 5. That on account of the registration of the FIR and registeration of
the FIR the liberty of the applicant has been adversely affected
hence applicant seek disposal of the said challan immediately so
that the stigma cast on his clean image is wiped out.
6. That this court lacks the jurisdiction to deal the case under J&K
Juvenile Justice Act 1997 as amended by the Juvenile Justice
Care and Protection Act 2013 and the matter has to referred to the
competent court for disposal under law after reconstruction of the
challan by issuing direction to the prosecution. Applicant is
enclosing his 10th class diploma and marks card in support of his
date of birth and is marked as ANNEXURE A & B.
7. That on the date of alleged incident the age of petitioner comes to
15 years 10 months and 11 days and a person is juvenile if he is
below 16 years of age in terms of J&K Juvenile Justice Act 1997.
The age limit was subsequently enhanced to 18 years in terms of
Juvenile Justice Care and Protection Act 2013.
8. That applicant cannot suffer for none of his fault and he is
adversely affected due to pendency of the said challan.
9. That in terms of section 20 of Juvenile Justice Act 1997
read with sec 8 of the JK Juvenile Justice Care and
Protection Act 2013 and in terms of Sec 2 of the JK Care
and Protection of Children Act 2013, petitioner was below
the age of 18 years and is entitled to be extended the
benefit of the said act under law.
An affidavit in support is enclosed.

IN THE PREMISES
It is most humbly prayed that an enquiry may be conducted
into the question of juvenility of the applicant by reconstructing
the record of the challan produced with reference to FIR No.
32/2010 Police Station Mendhar for allegedly commission of
offence under Sec 373 RPC.

THE PETITIONER
THROUGH COUNSEL

DATED:
BEFORE THE COURT OF JUDICIAL MAGISTRATE 1ST CLASS
MENDHAR

STATE V/s MOHD ZULIFQAR

…Petitioners …Respondent

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF

APPLICATION.

I Mohd Zulifqa S/O Prem Chand R/o Janipur Jammu Age 32

years do hereby solemnly affirm and declare as under
1. That the accompanying application has been read over and
explained to me and the contents of the para No.____ to ____
of the application are true and correct as per my knowledge
and those of para No.____ are true as per information
received from record and those of remaining paras ____ to
____ are bases on legal advice.
2. The deponent is the respondent in the above case, he is well
versed with the facts and circumstances of the case, hence
he is competent to swear the instant affidavit.

I solemnly swear/affirm that the affidavit is true, no part of

this is false and nothing has been concealed.

Place: Mendhar
Dated:

DEPONENT
BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR
AND LADAKH AT JAMMU.

WP(C) No. ______/2022

M.P. No. ______/2022

Sadam Hussain & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

IN THE MATTER OF: -

APPLICATION FOR INTERIM RELIEF

MAY IT PLEASE YOUR LORDSHIPS;

The petitioners/applicants most respectfully submit as under: -

1. That the petitioners/applicants have filed the above titled writ

petition before this Hon’ble Court which is sure to succeed on
merits.
2. That the averments made in the writ petition may be read as
part and parcel of this application also in order to avoid
repetition and for the sake of brevity.
 3. That the petitioners/applicants have strong prima-facie case
and the balance of the convenience is also in favour of the
petitioners/applicants.
4. That in case the relief prayed in the CM. is not granted in
favour of the petitioners/applicants, the petitioners shall suffer
an irreparable loss and harm which will not be compensated
latter on by any mode.
5. That it will be in the interest of justice that the relief prayed in
this application be granted in favour of the
petitioners/applicants and against the respondents/non
applicants.
6. That in view of unanimous resolution having been passed by
the petitioners in terms of section 7 of the pancahaytraj act ,
respondent no 8 is deemed to have vacated the office of
sarpanch panchayat halqa panihad and thus cannot be
permitted to function as sarpanch panchayat halqa panihad till
fresh elections to the office of sarpanch is held or till the office
is filled by nomination of a sarpanch.
7. That in case respondent no 8 is allowed to function as
sarpanch despite the resolution of the petitioners same shall
be contrary to law and shall defeat the provisions of panchayti
raj act and the rules framed there under.
8. All the grouds taken in the writ petition are taken as additional
grpounds of this MP for the sake of brevity.

An affidavit in support of the application is enclosed

herewith.

IN THE PREMISES: -
It is, therefore, most respectfully prayed that keeping in

view the submissions made hereinabove and those to be

urged at the time of hearing, the Hon’ble Court may very

kindly be pleased to:-

 i) Restrain respondent no 8 from acting as sarpamnch
panchayat halqa panihad and further restraint 2 to BDO
TPO entertain any proposal for planning or any
requisition for release of funds as raised by trespondent
n o 8 and make his account inoperatoinal so as to save
the public money. Additionally respondents 2 to __ may
be directed to fill jup the position of sarpanch panchaayt
halqa panihad in a time bound manner by elections or
by nomination.
ii) The Hon’ble Court be further pleased to grant any
other interim or final relief as may be deemed
appropriate in the circumstances of the case.

PETITIONERS
THROUGH COUNSEL
Dated:26-12-2022
Place:Jammu

(H.A. SIDDIQUI)
ADVOCATE

SHAMAS-UD-DIN SHAAZ
ADVOCATE
Licence No. JK-345/2015
Mob.9419155312
Email: - advocateshamas@gmail.com
BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR
AND LADAKH AT JAMMU.

WP(C) No. ______/2022

CM. No. ______/2022

Sadam Hussain & Ors V/s U.T. Of J & K & Ors

…Petitioners …Respondents

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF WRIT

PETITION.

I, Sadam Hussain Age 26 years S/o Mohd Hussain

R/o Village Panihad Tehsil Kotranka Distt Rajouri, do
hereby solemnly affirm and declare as under
3. That the accompanying writ petition has been read over and
explained to me and the contents of the para No.____ to ____
of the writ petition are true and correct as per my knowledge
and those of para No.____ are true as per information
received from record and those of remaining paras ____ to
____ are bases on legal advice.
4. The deponent is the petitioner No.1 in the above titled writ
petition, he is well versed with the facts and circumstances
 of the case, hence he is competent to swear the instant
affidavit.

I solemnly swear/affirm that the affidavit is true, no part of

this is false and nothing has been concealed.

Place: Jammu
Dated: 26-12-2022

DEPONENT

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR

AND LADAKH AT JAMMU.

WP(C) No. ______/2022

CM. No. ______/2022
Sadam Hussain & Ors V/s U.T. Of J & K & Ors
…Petitioners …Respondents

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF INTERIM

APPLICATION.

I, Sadam Hussain Age 26 years S/o Mohd Hussain

R/o Village Panihad Tehsil Kotranka Distt Rajouri, do
hereby solemnly affirm and declare as under
1. That the accompanying interim application has been read
over and explained to me and the contents of the para
No.____ to ____ of the interim application are true and
correct as per my knowledge and those of para No.____ are
true as per information received from record and those of
remaining paras ____ to ____ are bases on legal advice.
2. The deponent is the petitioner No.1 in the above titled
interim application, he is well versed with the facts and
 circumstances of the case, hence he is competent to swear
the instant affidavit.

I solemnly swear/affirm that the affidavit is true, no part of

this is false and nothing has been concealed.

Dated:26-12-2022
Place:Jammu

DEPONENT

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR

AND LADAKH AT JAMMU.

WP(C) No. ______/2022

CM.. No. ______/2022
Sadam Hussain & Ors V/s U.T. Of J & K & Ors
…Petitioners …Respondents

IN THE MATTER OF: -

INDEX

S No. Particulars Page No.

1. Memo of urgency
2. Memo of Parties
3. List of Date and Events
4. Writ Petition alongwith Affidavit.
5. ANNEXURE-I
(Copy of the resolution dated 15-11-2022)
6. ANNEXURE-II
(Copy of letter dated 02-12-2022)
7. ANNEXURE-III
(Copy of notice 06-12-2022)
8. ANNEXURE-IV.(Copy of impeachment
motion. Dated 17-12-2022)
9. CM for interm relief alongh with affidavit.
 10. Vakalatnama
11. Court Fees

Filed by:-

PETITIONER
THROUGH COUNSEL
Dated:26-12-2022
Place:Jammu. H.A.Siddiqui
Advocate

SHAMAS-UD-DIN SHAAZ
ADVOCATE

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR

AND LADAKH AT JAMMU.

WP(C) No. ______/2022

CM. No. ______/2022
Sadam Hussain & Ors V/s U.T. Of J & K & Ors
…Petitioners …Respondents
IN THE MATTER OF: - Memo of urgency.

MAY IT PLEASE YOUR HONOUR,

The petitioners, respectfully submit as under:-

1. That the petitioners have filed the above titled writ petition
alongwith application for interim relief which is sure to
succeed on merits.

2. That the matter is of emergent in nature and requires to be

taken up for today itself otherwise the applicants shall suffer
an irreparable loss and injury which cannot be compensated
by any other means.
 It is, therefore, respectfully prayed that the above titled
writ petition may very kindly be directed to listed for today
itself in the interest of justice.

THE PETITIONERS
THROUGH COUNSEL
DATED: 26-12-2022
Place:Jammu.

(H.A. SIDDIQUI)
ADVOCATE

SHAMAS-UD-DIN SHAAZ
ADVOCATE

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR

AND LADAKH AT JAMMU.

WP(C) No. ______/2022

M.P. No. ______/2022
Sadam Hussain & Ors V/s U.T. Of J & K & Ors
…Petitioners …Respondents

IN THE MATTER OF:- LIST OF DATES AND EVENTS

S No. DATE EVENTS

1. 15-11-2022 That Petitioners submitted a resolution against respondent

no 8 regarding misappropriation of panchayat funds and
sort holding of special meeting regarding no confidence
motion against respondent no 8.
2. 02-12-2022 ADC/ CEO DDC Rajouri directed bdo budla old to proceed
in the matter as per the JK Panchayati taj Act That with a
view to promote the micro, small and medium enterprises as
the petitioner is, certain incentives have been granted by
Govt of India since 2012 vide S.O 581 (F) dated 23-03-
2012.
3. 06-12-2022 A notice was issued by secretary panchayat halqa
panihad under rule 81 of Panchayati raj Rules fixing
special schedule of meeting to consider the vote of no
confidence against respondent no 8 on 17-12-2022 in the
office chairman BDC Budhal old. That U.T Govt.of J&K
pursuance to office memorandum dated 12-11-2020
 issued circular dated 22-12-2020 providing in said
circular.
4. 17-12-2022 Meeting of panches of halqa pamchayat panihad was
held on 17-12-2022 in the office of chairman BDC where
motion of no confidence against respondent no 8 was
unanimously assed by 2/3rd majority as out of 11, 7
panches/the petitioners herein supported the motion of
mo confidence against respinsnet no 8 and sent copy of
the saoid resolution to DC Rajouri, BDO Budhal.
Chairman DDC budhal and CEO DDC Budhal.

7 In terms of section 7 of the panchayati raj act once a motion

of no confidence is passed by 2/3rd majority as was done in
the instant case the sarpanch panchayat is deemed to have
vacated his office however despite unanimous resolution
dated 17-12-2022 respondent no 8 is not removed by the
authorities who is illegally acting as sarpanch contrary to
law hence this petition by the petitioners who are elected
panches of poanchayat halqa panihad and who have
successfully moved no confidence against respondent no 8
in terms of section 7 read with rule 81 of the panchayati raj
act/rules.

PETITIONERS
THROUGH COUNSEL
Dated: 26-12-2022
Place: Jammu.
(H.A. SIDDIQUI)
ADVOCATE

SHAMAS-UD-DIN SHAAZ
ADVOCATE
Licence No. JK-345/2015
Mob.9419155312
Email: - advocateshamas@gmail.com
BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR
AND LADAKH AT JAMMU.

Writ petition under Art 226 of the Constitution of India.

Matter pertains to District Rajouri.

WP(C) No. ______/2022

M.P. No. ______/2022
Sadam Hussain & Ors V/s U.T. Of J & K & Ors
…Petitioners …Respondents

IN THE MATTER OF:

MEMO OF PARTIES
1. Sadam Hussain Age 26 years
S/o Mohd Hussain
R/o Village Panihad Tehsil Kotranka Distt Rajouri.

2. Rabnawaz Chowdhary Age 35 years

S/o Gulzar Hussain
R/o Village Panihad Tehsil Kotranka Distt Rajouri.

3. Mohd Shabir Age 50 years

S/o Mir Hussain
R/o Village Panihad Tehsil Kotranka Distt Rajouri.

4. Mohd Bashir Age 45 years

S/o Allah Din
R/o Village Panihad Tehsil Kotranka Distt Rajouri.

5. Mustaiq Ahmed Age 35 years

S/o Ghulam Hussain
R/o Village Panihad Tehsil Kotranka Distt Rajouri.
 6. Mohd Qasim Age 40 years
S/o Wazir Mohd
R/o Village Panihad Tehsil Kotranka Distt Rajouri.

7. Mumtaz Begum Age 28 years

S/o Shah Hussain
R/o Village Panihad Tehsil Kotranka Distt Rajouri.

…PETITIONERS

VERSUS

1. U.T. Of Jammu and Kashmir through Commissioner Secretary

Rural Development & Panchayati Raj Civil Secretariat Jammu.

2. Deputy Commissioner Rajouri.

3. Addl. District Development Commissoiner/ Chief Executive Officer

District Development Authority Rajouri.

4. Asst. Commissioner Panchayati Raj (ACD) Rajouri.

5. Block Development Officer, Block Budhal Old.

6. Chairman Block Development Council, Block Budhal Old.

7. Secretary Panchayat Halqa Panchayat Panihad.

8. Mir Qasim sarpanch, Halqa Panchayat Panihad.

…RESPONDENTS

PETITIONERS
THROUGH COUNSEL
Dated:26-12-2022
Place:Jammu

(H.A. SIDDIQUI)
ADVOCATE

SHAMAS-UD-DIN SHAAZ
ADVOCATE
 Licence No. JK-345/2015
Mob.9419155312
Email: - advocateshamas@gmail.com