The High Court of Jammu & Kashmir and Ladakh has strongly refused a plea filed by Bhole Bhandari Charitable Trust to withdraw its writ petition with permission to refile a fresh one in the Amarnath Yatra langer matter. Justice Mohammad Yousuf Wani emphasized that writ jurisdiction under Article 226 is not meant for casual or speculative litigation.
“A writ petition filed under Article 226 of the Constitution cannot be allowed to be withdrawn on the basis of any unjustified ground,”
– Justice Mohammad Yousuf Wani
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The Trust had moved the court seeking directions to the Shri Amarnathji Shrine Board (SASB) for issuing an Expression of Interest (EOI) and a Letter of Intent (LOI) to run a free langer at Panjtharni during the Amarnath Yatra 2025. The Trust claimed it had been offering such services for over 28 years and alleged arbitrary denial by SASB.
Midway during the proceedings, the Trust sought to withdraw its plea, arguing that objections from SASB raised the need to include the Union of India and UT governments as parties. They also cited alleged security issues as the reason for modifying their petition.
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However, the SASB’s counsel, Senior Advocate Mohsin Qadri, opposed this. He said the withdrawal was not supported by law and there were no formal defects in the original petition to justify starting over. He added that the cited security concerns were not even part of SASB’s official stance in court.
The Court agreed with SASB’s view. It found that the Trust’s grounds for withdrawal lacked legal necessity and were not backed by new or critical facts. The court pointed out that even if the Trust had applied for impleadment or amendment, it would have failed.
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“Withdrawal with liberty cannot be granted in the facts and circumstances, where same does not seem to be imperative for elucidation of the real matter in controversy,”
– Justice Mohammad Yousuf Wani
The Court further clarified that SASB had full authority to decide on langer permissions during the Yatra. Since the Trust had acknowledged this authority, there was no reason to involve other government bodies. The matter, the Court held, was administrative and not for judicial interference.
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Referencing Supreme Court judgments, the High Court highlighted that while Article 226 is flexible, it cannot be used to bypass judicial discipline. Allowing such withdrawals would set a wrong precedent and encourage strategic trial-and-error approaches in litigation.
“The case in hand is distinguishable from a tender process… issuance of invitation is the discretion of the respondents-board,”
– Justice Mohammad Yousuf Wani
In conclusion, the Court dismissed the withdrawal application, stressing that judicial forums must not be misused for repeated or baseless re-litigation.
Case Title: Bhole Bhandari Charitable Trust Vs Shri Amarnathji Shrine Board Jammu/Srinagar
Appearances:
For Petitioners: Sr. Adv. P.N. Raina with J.A. Hamal, Raghu Mehta, Nigham Mehta
For Respondents: Sr. Adv. Mohsin Qadri (via virtual mode) with Anuj Dewan Raina
