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2025 DAILYLAW 1575 (JK)

GURCHARAN SINGH AND OTHERS TH KACHO SHOWKAT ALI v. UT OF J AND K TH DIVISIONAL COMMISSIONER JAMMU AND OTHERS

WP(C)/32/2025 · 2025-01-03

Sanjeev Kumar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C ) No. 32/2025 Gurcharan Singh and others ..... Petitioner (s) Through :- Mr. Asheesh Singh Kotwal Advocate. V/s UT of Jammu and Kashmir and others .....Respondent(s) Through :- Ms Monika Kohli Sr. AAG Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER 1 Impugned in this petition, filed under Article 226 of the Constitution of India, is an order dated 03.10.2024 passed by the Additional Commissioner Revenue (with powers of Divisional Commissioner), Jammu in an appeal titled ‘Gurcharan Singh and ors vs. Satinder Pal Singh and another’, whereby the Additional Commissioner, Jammu has transferred the appeal to the Court of Additional Deputy Commissioner, Law and Order (with the powers of Commissioner Agrarian Reforms as well as Collector), Jammu. 2 The impugned order is challenged by the petitioners primarily on the ground that the entire proceedings had arisen out of mutation of inheritance bearing No. 583 of village Majheen attested by the Naib Tehsildar concerned and, therefore, amenable to the jurisdiction of the Authorities under the Land Revenue Act. He submits that the Additional Commissioner, Jammu could not appreciate the fact that the case was not arising out of Agrarian Reforms Act and erroneously transferred the appeal to the Additional Deputy Commissioner, Jammu. 3 Prima facie, the order impugned seems to be not in consonance with law. However, in view of the availability of an alternative remedy of revision available under Section 15 of the Land Revenue Act, I am not inclined to entertain this petition and interfere with the order impugned passed by the Additional Commissioner, Jammu. However, having regard to the nature of order passed by the Additional Commissioner, Jammu and the manner in which the Additional Commissioner has appreciated the law, it would be in the fitness of things and to serve the ends of justice that an interim protection is provided to the petitioner. Accordingly, this petition is dismissed as not maintainable relegating the petitioner to the alternative remedy of filing a revision before the Financial Commissioner, providing further that till the revision petition filed by the petitioner is considered and disposed of in accordance with law, there shall be no proceedings by any Revenue Officer qua mutation No. 583 of village Majheen . (SANJEEV KUMAR) JUDGE Jammu 03.01.2025 Sanjeev