Jammu & Kashmir High Court – Srinagar Bench
Abdul Rahman Dar vs Union Territory Of J And K And on 18 August, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
S.No. 3
Regular List
IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1959/2025 CM(5186/2025)
Caveat 2016/2025
ABDUL RAHMAN DAR ...Petitioner(s)/Appellant(s)
Through: Mr. M. Sultan, Advocate
Vs.
UNION TERRITORY OF J AND K AND ...Respondent(s)
ORS.
Through: Ms. Nadiya Abdullah, AC vice
Mr. Mohsin Ul Showkat Qadri, Sr.AAG
Mr Shariq J. Reyaz, Advocate
CORAM:HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI,JUDGE
ORDER
18-08-2025
1. Caveat stands discharged.
2. The petitioner has filed the present petition challenging order dated
04.07.2025 passed by the Financial Commissioner, Revenue, J&K in
revision petition titled “Abdul Rashid Dar and Ors. vs. Abdul Rehman
Dar and Ors.“, whereby the order dated 13.06.2022 passed by the
Deputy Commissioner, Budgam was set aside, and the Deputy
Commissioner, Budgam was directed to hear the parties afresh on
merits.
3. Notice.
4. Ms. Nadiya Abdullah, learned AC vice Mr. Mohsin Ul Showkat
Qadri, learned Sr. AAG, waives notice on behalf of respondents 1 to
5, and Mr. Shariq J. Reyaz, learned Advocate, waives notice on behalf
of respondents 6 to 13. They seek, and are granted, four weeks’ time
to file their reply, with an advance copy to be furnished to learned
counsel for the petitioner.
5. Registry is directed to summon the records pertaining to the subject
matter of the petition from the Court of the Financial Commissioner
(Revenue), J&K/Commissioner Agrarian Reforms, J&K, as also from
the Court of the Deputy Commissioner, Budgam by the next date of
hearing
6. List on 29.09.2025.
7. In the meantime, subject to objections and till the next date of
hearing before the Bench, the impugned order dated 04.07.2025 shall
remain stayed. However, with the consensus of learned counsel
appearing for the parties, proceedings before the Court of the Deputy
Commissioner, Budgam, shall continue in terms of Section 5 of the
Jammu and Kashmir Migrant Immovable Property (Preservation,
Protection and Restraint on Distress Sales) Act, 1997.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR:
18-08-2025
Mubashir