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2025 DAILYLAW 13832 (JK)

PRITAM SHOR AND OTHERS v. UT OF J AND K TH COMMISSIONER SECRETARY, REVENUE DEPARTMENT AND OTHERS

WP(C)/3654/2025 · 2025-12-24

Moksha Khajuria Kazmi

Writ Petition (Civil)body2025

Judgment text

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Sr. No. 138 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3654/2025 Pritam Shor and Ors. …. Petitioner(s) Through:- Mr. Himanshu Beotra, Advocate. V/s UT of J&K & Ors. …..Respondent(s) Through:- Ms. Chetna Manhas, Advocate vice Ms. Monika Kohli, Sr. AAG. Mr. Rohit Verma, Advocate. CORAM : HON’BLE MR. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 24.12.2025 CAV No. 2390/2025. 1. With the appearance of Mr. Rohit Verma, learned counsel for the caveator, Caveat stands discharged. 2. By this petition, the petitioners herein have challenged order dated 27.09.2025, passed by the learned Additional Deputy Commissioner, Sunderbani whereby three appeals filed by the petitioners challenging mutation No. 55 dated 13.03.1981 attested by way of Shehat Indraj, mutation No. 56 dated 13.03.1981 under Section 4 of Agrarian Reforms Act 1976, mutation No. 68 dated 14.03.1981 under section 8 of Agrarian Reforms Act, 1970 attested by Tehsildar Sunderbani, with regard to land measuring 8 Kanal 5 marla in Khasra No. 324 and 19 Kanal 2 Marla in Khasra No. 326, total land measuring 27 kanal 7 marla situated at Village Thichkah Tehsil Beripattan, District Rajouri in favour of the mother of respondent No. 4 have been dismissed on account of delay in filing the appeals. 3. Learned counsel for the caveator-Mr. Rohit Verma has fairly stated at Bar that the order impugned has been passed by the incompetent authority. He further states that the petitioner had to approach the 2 Commissioner Agrarian Reforms for challenging the Mutation No. 55, 56, 68 under Section 4 and 8 of the Agrarian Reforms Act, but they have chosen the wrong forum, thereby approaching the Additional Deputy Commissioner, Sunderbani, as such, the impugned order is not sustainable in law, however, the same has not been pleaded by the petitioners in the instant petition. 4. In view of the statement made by learned counsel for the caveator, impugned order dated 27.09.2025 is set aside, thereby granting liberty to the petitioners to approach appropriate forum. Needless to say that the Commissioner Agrarian Reforms has to consider the delay in filing the appeals without being influenced by the order dated 27.09.2025 passed by the Learned Additional Deputy Commissioner, Sunderbani. (Moksha Khajuria Kazmi) Judge JAMMU 24.12.2025 NEHA-1