SHOWKAT AHMAD AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (REVENUE)
WP(C)/966/2025 · 2025-04-30
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 11539 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11539 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 153 SUPPLEMENTARY CAUSE LIST-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1100/2025 CM(2908/2025) Caveat 1120/2025 Showkat Ahmad Padroo & Anr. …Petitioner(s) Through: Mr. Malik Mushtaq, Advocate. Vs. Union Territory of J&K and Others.
...Respondent(s) Through: Mr. Shabeer Ahmad Dar, Advocate for Caveator/ respondent No.3.
CORAM: Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge.
ORDER 27.05.2025
01. The petitioners through the medium of the instant petition have called in question the order impugned dated 21st April, 2025 whereby the delay of more than forty-four years has been condoned by the Court of Additional Deputy Commissioner, Pulwama, in an application preferred by Mst. Zeba (respondent No. 3 herein) against the Mutation No. 1274 dated 11th July, 1985 passed by the Tehsildar, Pulwama under Section 8 of the Agrarian Reforms Act, without assigning any plausible reasons.
02. A finding has been recorded in the order impugned that the case seems to be a meritorious one and cannot be thrown away at the threshold and accordingly, a delay of more than forty-four years has been condoned by accepting
the application seeking condonation of delay, by virtue of
order impugned and the main appeal has been directed to be listed on 23rd June, 2025.
03. No reasoning has been given by the Additional Deputy Commissioner, Pulwama, while condoning such a huge delay. In the absence of any specific pleadings by the respondent No. 3 justifying such huge delay and projecting reasonable grounds in the application seeking condonation of delay, the impugned order has been passed, which cannot sustain the test of law.
04. Heard learned counsel for the petitioners at length and perused the material on record. Also heard the learned counsel for the Caveator/respondent No. 3. Caveat stands discharged.
05. Issue notice to the respondents.
06. Mr. Shabeer Ahmad Dar, learned counsel accepts notice on behalf of respondent No. 3. He seeks and is granted four weeks’ time to file the response.
07. Notice shall also go to Respondents 1 and 2, returnable within a period of four weeks.
08. Requisite steps for service within one week.
09. List on 5th August, 2025.
10. Registry is directed to send for the scanned record from the court of Additional Deputy Commissioner, Pulwama, in case titled “Mst. Zeba vs Showkat Ahmad &
Anr” bearing File No. 71/ADC/APP decided on 21st April,
2025.
11. In the meantime, subject to objections from the other side and till the next date of hearing before the Bench, the Order impugned dated 21st April, 2025, shall remain stayed.
Modification/Vacation/Alteration on motion.
(Wasim Sadiq Nargal)
Judge SRINAGAR: 27.05.2025
“HAMID”