ARUN KUMAR AND ANOTHER v. UNION TERRITORY OF JAMMU AND KASHMIR TH COMMISSIONER SECRETARY REVENUE DEPTT AND OTHERS
WP(C)/3293/2025 · 2025-11-24
Rahul Bharti
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 10867 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10867 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) No. 3293/2025
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 3293/2025 CM No. 7514/2025
Date of pronouncement : 24.11.2025
Uploaded on : 28.11.2025
Arun Kumar & Anr.
….Petitioners
Through:- Mr. T. R. Wani, Advocate.
V/s
UT of J&K & Ors.
…..Respondents
Through:- Ms. Nazia Fazal, Assisting Counsel vice Mrs. Monika Kohli, Sr. AAG.
\
CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
JUDGMENT (ORAL)
01. The two petitioners as well as the respondent Nos. 5 and 6 are real brothers and sisters, being the children of Lekh Raj, who expired on 09.04.2019, which resulted in attestation of mutation of inheritance No. 200 dated 17.08.2019 attested by Tehsildar Udhampur, thereby recording the inheritance of Lekh Raj exclusively in favour of the petitioners to the exclusion of his daughters i.e., the respondent Nos. 5 and 6 which led to a challenge being posed in appeal by the respondent No. 5 before the Collector (Deputy Commissioner), Serial No. 168 Supplementary List-I
WP(C) No. 3293/2025
Udhampur, who vide order dated 08.06.2023 accepted the appeal, set-aside the mutation, and directed de novo enquiry by the Tehsildar Udhampur and passing of a fresh mutation.
02. The petitioners sought review of the said appellate adjudication in terms of order dated 08.06.2023 which review came to be declined by virtue of order dated 07.10.2025 by the Collector (Deputy Commissioner), Udhampur.
03. The Deputy Commissioner, Udhampur acted as Collector under the Jammu & Kashmir Land Revenue Act, Svt., 1996 and in that capacity also acted as an appellate authority in response to the appeal preferred under J&K Land Revenue Act, Svt., 1996, against which the petitioners have the remedy of further appeal/revenue revision before the Divisional Commissioner, Jammu and/or Financial Commissioner (Revenue), J&K, both of which are alternate efficacious remedies available at the disposal of the petitioners to be first availed.
04. Accordingly, this writ petition is dismissed without entertaining the same for adjudication on merits with liberty reserved in favour of the petitioners to avail the appellate/revisional remedy, as the case may admit under the Jammu & Kashmir Land Revenue Act, Svt., 1996 before the Divisional Commissioner, Jammu/Financial Commissioner (Revenue), J&K without further loss of time.
WP(C) No. 3293/2025
05. In the event of any such appeal/revision being preferred by the petitioners, the appellate/revisional authority shall entertain and hear the case on merits after putting the private respondents on due notice.
06. Dismissed along with connected application.
(RAHUL BHARTI) JUDGE JAMMU
24.11.2025
Bunty
Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No
Bunty Kumar 2025.11.28 11:32 I attest to the accuracy and integrity of this document Jammu