ABDUL MAJEED MALIK v. UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT)
WP(C)/14/2023 · 2025-02-17
Javed Iqbal Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 5895 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5895 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 45 Regular.
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 14/2023 CM(21/2023) CM(473/2023) ABDUL MAJEED MALIK …Petitioner(s)/appellant(s) Through: Mr. Javid Hamid, Advocate Vs.
UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT) ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy. AG. Mr. Sajad Geelani, Advocate CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R 17.02.2025
In the instant case, on 20.07.2024, counsel for the petitioner stated at Bar that he has filed an application on 25.09.2023 for brining on record the legal heirs of the deceased petitioner, however, after examining the record, it was not found to be available, necessitated passing of a direction to the Registry to trace out and digitize the said application, if filed, by the counsel for the petitioner. The said direction came to be again reiterated by this Court on the next date when a similar submission was made by counsel for the petitioner. However, on the previous date of hearing, the Court took cognizance of a report made by the Registry in this regard stating therein the said report that no application has been filed by the counsel for the petitioner for bringing on record the legal heirs of the deceased petitioner. Record of the proceedings would also reveal that the counsel for the petitioner did not chose to appear on the previous date. Today as well, the counsel for the petitioner reiterates that the application stands filed by him earlier. In view of the specific report made by the Registry, inasmuch as failure of the counsel for the petitioner to substantiate his plea that the Junaid Ayoub I attest to the accuracy and authenticity of this document
application stands filed by producing any documentary proof thereof, the report of the Registry cannot be belied or discarded. Therefore, the submission of the counsel for the petitioner cannot be entertained at this stage. Having regard to the aforesaid position obtaining in the matter and considering that the petitioner is stated to have expired on 24.04.2023, and no application having been filed for bringing on record his legal heirs till date, the instant petition in law has abated and accordingly shall stand dismissed. Interim direction, if any, shall stand vacated.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR 17.02.2025 Junaid
Junaid Ayoub I attest to the accuracy and authenticity of this document