Jammu & Kashmir High Court
Mohd. Sadiq Aged 60 Years vs Union Territory Of Jammu & Kashmir … on 9 May, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 85
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1166/2025
CM No. 2762/2025
Mohd. Sadiq aged 60 years, .....Appellant(s)/Petitioner(s)
S/o Fateh Mohd. (deceased) alias
Fattah, resident village Shiendara of
Tehsil Haveli, district Poonch.
Through: Mr. Rameshwar Prasad Sharma,
Advocate.
Vs
1. Union Territory of Jammu & Kashmir through
Commissioner/Secretary, Revenue Department,
Civil Secretariat, Jammu.
2. Divisional Commissioner, Jammu.
3. Collector, Deputy Commissioner, Jammu.
4. Tehsildar, Haveli.
5. Asst. Commissioner (Rev), Poonch.
.....Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(09.05.2025)
1. In terms of mutations No. 880 & 881 dated 25.08.2014
attested by the Assistant Commissioner (Revenue), Poonch, the
petitioner claims to have been vested with rights as tenants-at-
will with respect to land comprised in khasra No. 126 of mauza
Shiendara, tehsil Havelli, district Poonch.
2. The purported cause of action for the petitioner to come up
with the present writ petition is that in terms of an order No.
DCP/SQ/2022-23/1672-75 dated 27.02.2023 of the Deputy
Commissioner/Collector, Poonch, the mutations No. 880/881
2 WP(C) No. 1166/2025
have been held and declared to be un-maintainable and non-
cognizable in terms of para-104 of the Standing Order No. 23-
A and declared as void ab-initio.
3. The petitioner’s grievance is that the Deputy Commissioner
(Collector), Poonch has passed the order No. DCP/SQ/2022-
23/1672-75 dated 27.02.2023 without affording an
opportunity of hearing to the petitioner by making a misplaced
reliance and reference to the judgment of the Hon’ble Supreme
Court of India in the case of “Escorts Farms Ltd. Vs. the
Commissioner” 2004 SCC 281.
4. The petitioner is, thus, coming forward with the present writ
petition to impugn the order No. DCP/SQ/2022-23/1672-75
dated 27.02.2023.
5. Given fact that the Deputy Commissioner (Collector), Poonch
has exercised power as revenue officer in setting aside
mutations No. 880/881 related to the petitioner, as such, the
petitioner has the remedy of appeal available at his end under
the J&K Land Revenue Act, Svt. 1996 which left unexhausted
would be a block in the way of the petitioner to maintain the
present writ petition.
6. Therefore, learned counsel for the petitioner seeks to withdraw
the present writ petition with liberty granted to avail remedy of
the appeal before the Financial Commissioner, Revenue J&K
against the order No. DCP/SQ/2022-23/1672-75 dated
27.02.2023, with a prayer that since the impugned order was
3 WP(C) No. 1166/2025
passed at the back of the petitioner, as such, the delay in filing
the appeal beyond prescribed period shall not come in the way
of the petitioner before the Financial Commissioner, (Revenue),
J&K.
7. This petition is disposed of as withdrawn with liberty granted
to the petitioner to avail and exercise right of appeal before the
Financial Commissioner, (Revenue), J&K within a period of one
month from the date of passing of this order.
8. The application for condonation of delay as may accompany
the appeal to be filed, be considered by the learned Financial
Commissioner (Revenue), J&K by bearing in perspective and
consideration the fact as to whether the petitioner was
accorded/extended any opportunity of appearance and
objection by the Deputy Commissioner (Collector), Poonch or
not in passing the impugned order and, accordingly, to
consider the condonation of delay application of the petitioner
for the sake of doing substantial justice.
9. Disposed of.
(RAHUL BHARTI)
JUDGE
JAMMU
09.05.2025
Shivalee
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Shivalee Khajuria
2025.05.13 10:34
I attest to the accuracy and
integrity of this document