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High Court of Jammu and Kashmir · body

2025 DAILYLAW 4678 (JK)

SHANKAR DASS v. SHANKAR DASS AND ANOTHER

RP/39/2025 · 2025-09-10

Sanjay Dhar

Review Petitionbody2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU RP No. 39/2025 In MA No. 40/2025 CM No. 5684/2025 Cav. No. 2039/2025 Shankar Dass …..Petitioner Through: Mr. M. Nadeem Bhat, Advocate Vs Shankar Dass & Anr. .….Respondents Through: Mr. Dheeraj Singh Katoch, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (10.09.2025) 01. Through the medium of the present review petition, the petitioner is seeking review of order dated 12.08.2025 passed by this Court whereby appeal filed by the petitioner- herein against order dated 19.07.2025 passed by learned District Judge, Ramban, has been dismissed. 02. Learned counsel for the review petitioner has submitted that this Court has not taken into account the fact that compensation in respect of their share of land has been received by the respondents. 03. In this regard, it is to be noted that this Court has taken note of the fact that the petitioner has succeeded in his application under Section 105 of Land Revenue Act before Serial No. 01 2 RP No. 39/2025 the Tehsildar. The petitioner had filed the said application only on the basis that the respondents have received the compensation in respect of their share of the land and, as such, he is entitled to retrieval of balance land in their possession. It has been noted in para (7) of the said judgment under review that there is nothing on record to show that pursuant to the order of the Tehsildar, the land in question was handed over to the petitioner. The aforesaid aspect of the matter which has been projected by the petitioner has already been taken care of by this Court while passing the judgment under review. 04. Merely, because the Court may have gone wrong on facts or in law does not form a ground for review of an order. The petitioner by filing the present review petition is trying to re-agitate the issue which has already been dealt with by this Court while passing order dated 12.08.2025. The same is impermissible in law. The review petition is bereft of any merit and is accordingly, dismissed. (SANJAY DHAR) JUDGE JAMMU 10.09.2025 SUNIL Whether the order is speaking : Yes Whether the order is reportable : No