LPA No. 297/2025 Page 1 of 2 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) CJ Court Case No. : LPA No. 297/2025 in [WP(C) No. 1966/2023] CM No. 8050/2025 Cav No. 2958/2025 Bashir Ahmad Bhat and ors. ….. Appellant/Petitioner(s) Through: Mr. Mudasir Bin Hassan, Advocate Vs UT of J&K and others .…. Respondent(s) Through: Mr. Prince Hamza, Advocate for Caveator Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 08.12.2025 1. The dispute concerns the land measuring 37 kanals 11 marlas comprised in Survey Nos. 1421, 1423 and 2246, situated at Rakh Shalina, Tehsil Chadoora, Budgam. 2. In brief, the claim of the private respondents is that the subject land was owned by their predecessor-in-interest, Gopi Nath. Whereas, the appellants claimed tenancy over the said land as of Kharif 1971. Based on this, Mutation Nos. 1608, 1609 dated 31.12.1984, 1619 dated 14.04.1985 and 1760 dated 14.04.1985, were attested in their favour under Section 8 of the J&K Agrarian Reforms Act, 1976. The private respondents (heirs of Gopi Nath) challenged the said mutations, for, they were attested ex parte and without any enquiry. Further, even the application filed by Gopi Nath on April 10, 1979 under Section 7 of the Act (Resumption of land for personal cultivation), which was pending Sr. No. 03 LPA No. 297/2025 Page 2 of 2 consideration was completely ignored. And the Appellate Authority [Financial Commissioner (Revenue)] vide order dated November 28, 2017, allowed the appeal, set aside the mutations and remanded the matter to the Tehsildar to consider the pending application under Section 7 (ibid). The revision preferred by the appellants against the said order was dismissed by the J&K Special Tribunal on August 10, 2018. And five years thereafter, the appellants assailed those orders vide WP(C) No. 1966/2023, which too has since been dismissed by the writ court vide impugned order and judgment dated October 07, 2025. 3. After we had heard the learned counsel for the appellants at length, he on instructions, submits that he be permitted to withdraw the appeal, so as to enable the appellants to pursue the matter before the Tehsildar concerned, to whom the matter was remitted vide order dated November 28, 2017 (ibid). 4. Dismissed as withdrawn with the liberty prayed for. ( (Rajnesh Oswal) (Arun Palli) Judge Chief Justice Jammu 08.12.2025 Pawan Angotra Pawan Angotra 2025.12.15 11:23 I attest to the accuracy and integrity of this document