Abdul Salam Wani & Anr vs Union Territory Of J&K And Anr on 17 June, 2025

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Jammu & Kashmir High Court – Srinagar Bench

Abdul Salam Wani & Anr vs Union Territory Of J&K And Anr on 17 June, 2025

                                                  Serial No. 13
                                            SUPPLEMENTARY CAUSE LIST-I

  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT SRINAGAR

                        WP(C) 1305/2025
                         CM(3483/2025)

Abdul Salam Wani & Anr.                            ...Petitioner(s)

Through:     Mr. Sheikh Younus, Advocate.

                                Vs.

Union Territory of J&K and Anr.                 ...Respondent(s)

Through:
CORAM:
           Hon'ble Mr. Justice Mohd. Yousuf Wani, Judge.

                              ORDER

17.06.2025

01. The case of the petitioners as projected through the

medium of the instant petition filed under Article 226 of the

Constitution of India in nutshell, is that the petitioner No. 1

being owner of land measuring 1-kanal under Khasra No.

424 Min, Khata No. 590, Khewat No. 177 situated at Tral-I-

Bala, Tehsil Tral, District Pulwama, executed a sale deed in

respect of the said land in favour of the Petitioner No. 2.

That a formal sale deed executed by the Petitioner No. 1 in

favour of Petitioner No. 2, complete in all respects, was filed

before the Respondent No. 2 through the medium of

prescribed online mode, which fact is borne out from the

printout extract constituting Annexure-IV (Pages 17 and 18)

to the writ petition, but the Respondent No. 2 did not

address to the subject document in accordance with the

provisions of the Registration Act. That the Respondent No.
2 as per law was required to admit the document to the

registration as the same was complete in all legal aspects,

but he in dereliction of his statutory obligation, did not

admit the document to registration. That the Respondent

No. 2 also even did not pass any order of refusal on the

document in accordance with law, thereby unabling the

petitioners to seek legal remedy under law.

02. I have heard that learned counsel for the petitioners

and considered his submissions.

03. In the facts and circumstances of the case, this

Court is of the opinion that the instant writ petition can be

disposed of at this threshold stage without notice to the

other side by passing of such appropriate orders, which

otherwise are meant to be followed under law.

04. In the backdrop, instant writ petition is disposed of

at this stage with the direction to the Respondent No. 2 to

address to the subject document by admitting the same to

the registration or by refusing the registration of the same,

whichever situation is warranted in the light of the law. In

case of refusal to register the document, the respondent No.

2 shall record the reasons for the same as required under

law. The needful shall be done by the Respondent No. 2

within a weeks’ time.

(Mohd. Yousuf Wani)
Judge
SRINAGAR:

17.06.2025
“HAMID”



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