DAYA KRISHAN AND ANOTHER v. ADDITIONAL DEPUTY COMMISSIONER BHADERWAH AND OTHERS
CM(M)/8/2025 · 2025-01-03
Sanjeev Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1527 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1527 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CM(M) No. 8/2025
Daya Krishan and another ..... Petitioner (s)
Through :- Mr. Ankush Manhas Advocate.
V/s
Additional Deputy Commissioner Bhaderwah and ors .....Respondent(s)
Through :- Ms Monika Kohli Sr. AAG
Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER 1 Impugned in this petition is an order dated 28.11.2024 passed by the learned Additional Deputy Commissioner (with the powers of Collector, Land Revenue), Bhaderwah, in file No. LRA/025/2021 titled ‘Bodh Raj Kotwal and ors vs. Daya Krishan and another, whereby the Additional Deputy Commissioner (Collector), Bhderwah has allowed the belated appeal and set aside the impugned mutation No. 368 of village Southa. 2 The order impugned, on the face of it, is an order passed by the Additional Deputy Commissioner (Collector), Bhaderwah under the Land Revenue Act and is, therefore, appealable before the Divisional Commissioner. The petitioners also have further remedy of filing either a revision petition directly before the Divisional Commissioner or a revision petition before the Financial Commissioner. However, the petitioners have directly approached this Court by way of this petition without exhausting the statutory alternative remedies available under the Land Revenue Act. The case of the petitioners does not fall under the exceptions carved out by the Supreme Court for the
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exercise of writ jurisdiction in cases where alternative remedies are available. It is not a case where the petitioners have been condemned unheard, or that the Authority which has passed the impugned order has no jurisdiction. There is no challenge to the vires of any statute. 3 For all these reasons, this petition is held not maintainable and the same is, accordingly, dismissed with a liberty to the petitioners to avail the alternative remedies available under the Land Revenue Act.
(SANJEEV KUMAR)
JUDGE Jammu 03.01.2025
Sanjeev