HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court LPA No. 154/2025(O&M) Santokh Singh and others …Petitioner(s)/Appellant(s) Through: Mr. Jagpaul Singh, Adv. v/s Union of India and others …. Respondent(s) Through: None. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. Order 06.08.2025 1. The father of the appellants, namely, Dhanantar Singh came to demise in the year 2004 and after his demise, the appellants in the year 2020, filed the appeal against order dated 12.05.2009 Bikrami in Mutation No. 480, whereby their father’s name was deleted and ownership of the land measuring 26 kanals and 11 marlas comprising khasra No. 611 min situated at Village Kharote, Tehsil and District Kathua was conferred upon the predecessor-in-interest of the private respondents, namely, Lal Singh i.e. brother of Dhanantar Singh, but the said appeal was dismissed by respondent No. 3 vide order dated 23.05.2025. The appellants had also preferred an appeal against Mutation of inheritance bearing No. 1236 dated 27.03.2006 attested in favour of the private respondents qua the land measuring 10 kanals 05 marlas comprising khasra No. 611 min situated at Village Kharote, Tehsil and District Kathua, which too was dismissed by 2 LPA No. 154/2025 respondent No. 3 vide order dated 23.05.2025. Both these appeals were accompanied with the applications seeking condonation of delay. 2. The appellant, through the medium of WP(C) No. 1794/2025, besides assailing two orders even dated 23.05.2025, also threw challenge to S.O. 3808(E) of 2020 dated 26.10.2020 to the extent of repeal of the Jammu and Kashmir Big Landed Estates Abolition Act, Svt. 2007 and also sought quashing of both the mutations i.e Mutation No. 480 attested on 12.05.2009 and Mutation No. 1236 attested on 27.03.2006 and issuance of writ of mandamus commanding the respondents to restore back Mutation No. 480 in favour of the deceased father of the appellants with regard to the land measuring 26 kanals and 11 marlas and further to attest mutation of inheritance qua the land measuring 26 kanals 11 marlas in favour of the appellants. 3. The Writ Court vide order dated 14.07.2025 dismissed the writ petition in limine and this is how the appellants have come before this Court through the instant intra court appeal challenging order dated 14.07.2025, inter alia on the grounds that the learned Single Judge has not rightly appreciated the contention of the appellants that the deceased father of the appellants was in cultivating possession of the aforementioned land and as such, he remained under the impression throughout his life that the mutation attested under J&K Big Landed Estates Abolition Act, Svt. 2007 exists in his favour and further that in the peculiar facts and circumstances of the case, there is no question of approbate and reprobate of the appellants, as when the gift deed was executed in favour of the appellants, 3 LPA No. 154/2025 they were not aware about the mutation which was attested in favour of the predecessor-in-interest of the private respondents to the exclusion of their father. 4. Heard learned counsel for the appellants. 5. Admittedly, the record depicts that Mutation No. 480 was attested on 12.05.2009 which corresponds to the year 1952 AD. As already stated above, the predecessor-in-interest of the appellants died in the year, 2004 and the appellants assailed the Mutation Nos. 480 and 1236 after the demise of their father only in the year 2020, meaning thereby, Mutation No. 480 was assailed after 73 years of its attestation. 6. The respondent No. 3 has dismissed both the appeals impugning Mutation Nos. 480 and 1236 by separate orders of even dated 23.05.2025. The respondent No. 3, while dismissing the appeal against Mutation No. 480, has arrived at a conclusion that the appellants failed to demonstrate any valid reason for condoning the delay in assailing above mentioned mutation after a lapse of 72 years. It is also borne from the record that the appellants are the beneficiaries of gift deed dated 25.05.2005 executed by the predecessor-in-interest(Lal Singh) of the private respondents with regard to land measuring 10 kanals and 06 marlas comprising khasra No. 611 min situated at Village Kharote, Tehsil and District Kathua and this land was part and parcel of the land measuring 26 kanals and 11 marlas in respect of which order dated 12.05.2009 was passed in the form of Mutation No. 480. 4 LPA No. 154/2025 7. Once the appellants have accepted the gift and accordingly the title of the predecessor-in-interest of the private respondents, they cannot take a u-turn to deny the title of the owner and as such, are estopped from throwing challenge to the title of the predecessor-in-interest of the private respondents in respect of the whole land measuring 26 kanals and 11 marlas comprising khasra No. 611 min situated at Village Kharote, Tehsil and District, Kathua. 8. We have examined the order passed by the learned Writ Court and the learned Writ Court has also arrived at the same conclusion, the one arrived at by this Court also and as such, we do not find any reason whatsoever to interfere with the order passed by the learned Writ Court. Accordingly the instant intra court appeal is found to be misconceived and the same is dismissed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu: 06.08.2025 Rakesh PS Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Rakesh Kumar 2025.08.08 10:32 I attest to the accuracy and integrity of this document