Jammu & Kashmir High Court – Srinagar Bench
Abdul Rasheed Mir And Ors vs Mst. Abida on 28 July, 2025
Serial No.07
REGULAR CAUSE LIST
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1747/2025
CM(4564/2025)
Caveat 1688/2025
Abdul Rasheed Mir And Ors. ...Petitioner(s)
Through: Mr. Tawheed Ahmad, Advocate.
Vs.
Mst. Abida. ...Respondent(s)
Through: Mr. Yaqoob Hussain Sofi, Advocate.
CORAM:
Hon'ble Mr. Justice Wasim Sadiq Nargal, Judge.
ORDER
28.07.2025
01. The petitioners through the medium of the instant
petition have called in question the order dated 27th June,
2025 passed by the Financial Commissioner (Revenue),
while exercising powers as Revisional Authority under
Section 15 of the Land Revenue Act against the order dated
2nd September, 2024 passed by the Divisional
Commissioner, Kashmir, along with order dated 17th May,
2023 passed by the SDM Gulmarg/Tangmarg.
02. From a bare perusal of the order impugned, it is
apparent that the revision petition preferred by the
respondent has been accepted and the orders dated 2nd
September, 2024 and 17th May, 2023 passed by the
Divisional Commissioner, Kashmir and SDM Gulmarg/
Tangmarg, respectively have been set aside along with
Mutation No. 1165 of estate Wussan Bangil and the matter
has been remanded to the Tehsildar concerned for
attestation of fresh mutation, as per the law applicable, at
the time of death of estate holder and the parties were
directed to appear before the Tehsildar concerned on 10th
July, 2025.
03. The petitioners instead of approaching the
concerned Tehsildar, where the matter has been remanded,
have filed the instant writ petition, which is premature, as
the order impugned is by way of remand only.
04. When confronted with the maintainability of the
instant writ petition, the learned counsel for the petitioners
seeks withdrawal of the same, with liberty to approach the
Tehsildar concerned, where the matter has been remanded
for attestation of fresh mutation. His statement is taken on
record.
05. In view of the above, the instant writ petition is
dismissed as withdrawn with liberty as prayed for.
However, it is made clear that Tehsildar concerned shall
attest fresh mutation strictly in the conformity with
applicable law, after affording an opportunity of being heard
to the petitioners as well as the other stake holders.
(Wasim Sadiq Nargal)
Judge
SRINAGAR:
28.07.2025
“HAMID”