1 S. No. 90 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Date of Pronouncement:11.03.2026 Uploaded on:23.03.2026 CM No.1219/2026 in WP(C) No.3395/2023 CM No.8188/2023 ALI MOHAMMAD MIR AND OTHERS …Petitioner/Appellant(s) Through: Mr. Hakim Suhail Ishtiaq, Advocate. Vs. UNION TERRITORY OF J&K AND OTHERS ...Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R (ORAL) 11.03.2026 CM No.1219/2026 1. Through the medium of the present application, the applicants herein seek clarification of the judgment dated 25.04.2025 passed by this Court in WP(C) No. 3395/2023, particularly with regard to the directions issued for conferment of ownership rights upon the rightful claimants in respect of land measuring 248 Kanals and 06 Marlas situated at village Patti Wethpora, Pandrethen. 2. The applicants submit that the land belonging to the ancestors of the inhabitants of village Pandrethen measuring 308 Kanals and 09 Marlas was acquired by the then Government in the year 1924 for establishment of the New Cantonment at Sonawar, Srinagar, and in terms of the Final Award dated 24.12.1924, the land losers were to be compensated by allotment of alternative land measuring 248 Kanals and 06 Marlas at village Patti Wethpora. 2 3. It is stated that the claim of the petitioners was considered by this Court in the aforesaid writ petition and by judgment dated 25.04.2025, the order dated 11.04.2023 passed by the Deputy Commissioner, Srinagar rejecting the claim of the petitioners was quashed with a direction to the Divisional Commissioner, Kashmir to undertake a comprehensive assessment of the claims of the petitioners and other competing claimants, identify the rightful successors of the original land holders and ensure conferment of ownership rights along with delivery of possession of the land in question. 4. It is further submitted that during the course of implementation of the aforesaid judgment, certain objections were raised by the revenue authorities on the ground that the ancestors of the petitioners were recorded as <Assamis= in the Jamabandi of the year 1924 and, therefore, were not entitled to ownership rights and this Court, while considering CM No. 6418/2025 filed therein, clarified vide order dated 13.11.2025 that persons recorded as <Assamis= in the Jamabandi of 1924 would be deemed to have been conferred proprietary rights by virtue of the Command Order dated 08.07.1933 issued by the then Maharaja of Jammu and Kashmir, and if the petitioners are found to be the lineal descendants of such land holders, they would be entitled to ownership and possession of the exchange land in terms of the judgment dated 25.04.2025. 5. Learned counsel for the applicants while making his submissiions submits that despite the aforesaid clarification, the authorities- respondents have again raised a fresh objection to the effect that certain entries exist in the revenue records reflecting exchange land at 3 village Parigam, Pulwama in the names of some residents of village Pandrethen, and that unless such entries are first expunged, the applicants cannot be granted ownership rights in respect of the land situated at village Patti Wethpora. According to the counsel for the applicants, the said objection is wholly extraneous to the directions contained in the judgment dated 25.04.2025 and is being used as a pretext to delay its implementation. 6. When the matter was taken up for consideration, Mr. Mohsin Qadri, learned Senior Additional Advocate General, present, on the asking of the Court, appeared on behalf of the respondents/non-applicants and upon being apprised of the nature of the issue raised in the present clarification application and the limited scope thereof, submits that the respondents/non-applicants are not averse to the disposal of the application, in accordance with law. 7. Having considered the submissions made and after perusal of the record, this Court finds that the scope of the judgment dated 25.04.2025 was limited for directing the competent authority to undertake a comprehensive assessment of the claims of the petitioners and other competing claimants with reference to the Final Award dated 24.12.1924 and the relevant revenue records and thereafter to identify the rightful successors of the original land holders and confer ownership rights upon them. This Court had already clarified vide order dated 13.11.2025 that the status of the ancestors of the petitioners as <Assamis= in the Jamabandi of 1924 would not disentitle them from claiming ownership rights, as the proprietary 4 rights stood conferred upon such <Assamis= by virtue of the Command Order dated 08.07.1933 issued by the then Maharaja. 8. The objection stated to be now raised by the respondents/non- applicants with regard to alleged revenue entries relating to land situated at village Parigam, Pulwama, in favour of some residents of village Pandrethen, is clearly outside the scope of the enquiry contemplated by the judgment dated 25.04.2025. The said judgment did not make the conferment of ownership rights upon the rightful claimants at village Patti Wethpora contingent upon the existence or otherwise of any entries relating to land situated at village Parigam and any such entry(ies) in revenue records, inconsistent with the Final Award dated 24.12.1924, cannot become the basis of either delaying or rejecting the claim of the petitioners. Otherwise also, it is open for the competent authority to set the record straight and reverse any entry/mutation which is inconsistent with the Final Award dated 24.12.1924. 9. It is significant to mention here that the issue before the authorities, in terms of the judgment dated 25.04.2025, is confined to identifying the rightful successors of the original land losers of village Pandrethen and determining their entitlement to the exchange land measuring 248 Kanals and 06 Marlas at village Patti Wethpora in light of the Final Award dated 24.12.1924 and the relevant revenue record. Any alleged entries pertaining to land situated at village Parigam, which according to the Award was earmarked for residents of village Batwara, cannot be made a ground to frustrate or delay the implementation of the judgment of this Court. 5 10. In view of the above, the application is disposed of with the following directions: i) The directions contained in the judgment dated 25.04.2025 passed in WP(C) No. 3395/2023, as already clarified by order dated 13.11.2025, be implemented strictly with reference to the Final Award dated 24.12.1924 and the relevant revenue records relating to the land situated at village Patti Wethpora, Pandrethen. ii) The conferment of ownership rights upon the rightful claimants in respect of land measuring 248 Kanals and 06 Marlas at village Patti Wethpora shall not be made subject to or dependent upon any alleged revenue entries relating to land situated at village Parigam, Pulwama, and iii) The respondents shall proceed to complete the exercise directed by this Court in the judgment dated 25.04.2025, by identifying the rightful successors of the original land holders and thereafter confer ownership rights upon them, along with delivery of possession and attestation of necessary mutations, strictly in accordance with law, preferably within a period of four weeks from the date a copy of this order is made available to respondent 2- Divisional Commissioner, Kashmir. 11. CM Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR 11.03.2026 Ishaq Whether the order is speaking ? Yes/No Whether approved for reporting ? Yes/No